Texas Report of a Grand Jury's Failure to Concur in an Indictment
Description Grand Indictment Texas
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Art. 19.25. 356 407 395 EXCUSES FROM SERVICE. Any person summoned who does not possess the requisite qualifications shall be excused by the court from serving.
With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.
Later, Texas incorporated the idea of having a grand jury into its own constitution. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
The attorney representing the state, or the foreman, in term time or vacation, may issue a summons or attachment for any witness in the county where they are sitting; which summons or attachment may require the witness to appear before them at a time fixed, or forthwith, without stating the matter under investigation.
Section 17.15 - Rules For Setting Amount Of Bail (a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in ance with Articles 17.20, 17.21, and 17.22 and are governed by
(h) A subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the grand jury.
Art. 11.05. BY WHOM WRIT MAY BE GRANTED. The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law.