What is a grand jury? A criminal defense attorney explains the makeup and purpose of a grand jury

How Grand Juries Work in Texas

The video explains how grand juries operate in Texas, drawing on the presenter’s experience as a criminal defense attorney, his understanding of the law, and conversations with prosecutors. Grand jury proceedings are secret, so defense attorneys and the public generally cannot observe them.

Makeup and purpose

A grand jury consists of 12 county residents who are summoned and screened. Unlike a trial jury, which considers a case and decides guilt or liability, a grand jury typically meets weekly over a term of about three months and may review roughly 100–150 cases.

Its role is to decide whether there is sufficient probable cause for a felony case to proceed. If so, it issues an indictment. According to the presenter, a unanimous vote is not required: nine of the 12 members can vote to indict or reject a case.

A rejection is commonly called a no bill, meaning the grand jury finds insufficient probable cause to proceed.

How a case is presented

1. The prosecutor presents the case and describes the charge.
2. The prosecutor offers relevant facts and evidence, often through testimony from a detective, arresting officer, or other law-enforcement witness.
3. In many Texas counties, grand jurors may ask witnesses questions.
4. The grand jury may seek additional evidence or witnesses and, in some circumstances, request subpoenas through the court.
5. The grand jury decides whether to indict or issue a no bill.

The prosecutor’s role and the grand jury’s independence

The prosecutor controls how the case is presented. Defense attorneys generally cannot attend, question witnesses, or cross-examine them. In some counties or circumstances, the defense may be able to submit a written information packet, but the defense attorney is not present to ensure that it is reviewed or presented.

The presenter describes the threshold for an indictment as low and says prosecutors are not legally required to present all evidence, including evidence that may help the accused. A prosecutor may ask the grand jury to indict, ask it not to indict, or present the evidence neutrally and leave the decision to the jurors.

The grand jury is not required to follow the prosecutor’s recommendation. It may reject a case the prosecutor supports or indict in a case the prosecutor recommends dismissing. During deliberations, both the defense attorney and the prosecutor are excluded; the grand jury discusses the matter independently and in secret.

Speaker and source

The speaker is an unnamed criminal defense attorney and host speaking for Whalen Law Office. He says his explanation is based on reading the Code of Criminal Procedure and speaking with prosecutors, and notes that he has not personally observed grand jury proceedings.