(1)
Grand Jury and, if indicted,
(2)
Jury Trial
If the Grand Jury votes that probable cause (i.e. a probability) does not exist to believe that the accused committed the offense, the case is no billed (dismissed). If the Grand Jury votes that probable cause does exist, then the case is true billed (indicted). If a case is indicted, then the accused may have to have a Jury Trial in order to get the best result. A Jury Trial is more expensive and involves much more time and legal work.
Because prosecutors in Harris county generally seek to present felony cases to the Grand Jury between the first and second court setting, it is extremely important to hire a defense attorney right away. Unless a defense attorney requests that the prosecutor hold the case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury soon after the felony charge is filed.
NOTE: In surrounding counties, prosecutors usually present the case to a Grand Jury to secure an indictment before an arrest warrant is issued. Therefore, it is extremely important to hire a good defense attorney while the criminal case is under investigation.
Recently, in Montgomery County, a man was being investigated for sexual abuse against his teenage nephew. The man hired James Sullivan who immediately contacted the DA's office in Conroe and asked that the case be held from the Grand Jury. Two months later, based upon the defense packet Sullivan prepared, the Grand Jury no billed the case. The prosecutor assigned to the case remarked that that was the first time a defense attorney intervened on one of her cases and got it no billed. The client was so grateful he posted this review on the AVVO website:
I cannot thank you enough for your help with my case in Montgomery county. It was a very serious accusation against me. My teenage nephew falsely accused me of molesting him. You took our initial call on a weekend and assured us then that everything would turn out fine. You explained that it was very important for a good attorney to get involved before indictment because you believed a good defense attorney could get the case no billed by the grand jury. And, that's exactly what you did. You are very talented and professional at what you do. I cannot thank you enough for standing beside me, believing in me and and most importantly, your confidence. You are truly a super lawyer.~K.M.
Once an accused is indicted, this option is no longer
available. Therefore, time is of the
essence in retaining an experienced defense attorney.
Since 1994, Pearland Texas Criminal Lawyer James Sullivan has worked to get dozens of felony cases no billed by the Grand Jury. These felony cases include Sexual Assault of a Child, Attempted Murder, Aggravated Robbery, Aggravated Sexual Assault of a Child, Aggravated Assault, Assault Family Member by Impeding Breathing (choking), Forgery, Evading Arrest by Motor Vehicle and Burglary of a Habitation. The graph below lists 22 of those felony cases that were no billed since November 2008.
DATE
|
CASE #
|
CT #
|
TEXAS CRIMINAL OFFENSE
|
ACTUAL RESULT
|
ALL CASES
NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS
|
||||
11/06/12
|
CASE NOT YET FILED
|
INDECENCY WITH A CHILD (2° Felony) IN MONTGOMERY COUNTY
|
NO BILLED BY GRAND JURY (Client accused of
sexually abusing his 16 year old nephew)
|
|
09/21/12
|
1356656
|
180TH
|
ASSAULT FAMILY MEMBER/IMPEDING
BREATHING (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
choking his girlfriend during an argument)
|
08/17/12
|
1340646
|
184TH
|
INJURY TO A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
breaking his infant son’s leg and 3 ribs. The hospital ER physician did not
consider other medical disorders as a cause)
|
05/30/12
|
1336650
|
351ST
|
ASSAULT FAMILY MEMBER/IMPEDING
BREATHING (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
choking his wife during an argument)
|
05/25/12
|
1341002
|
183RD
|
AGGRAVATED ASSAULT FAMILY MEMBER (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
intentionally trying to drive into and strike her girlfriend)
|
05/18/12
|
1338389
|
339TH
|
EVADING BY MOTOR VEHICLE (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
evading police in her car when she drove about ½ mile after the officer
switched on his strobe lights)
|
04/19/12
|
1332791
|
185TH
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of having
sex with 16 year old girl who falsely claimed she was 18)
|
12/07/11
|
1321679
|
184TH
|
BURGLARY OF A HABITATION (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused breaking
into home while homeowner was home, however client had credible alibi
witnesses at the time of the alleged burglary)
|
07/15/11
|
1302447
|
232ND
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
intentionally driving into and striking the new girlfriend of her
ex-boyfriend)
|
05/27/11
|
1302814
|
232ND
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
hitting man in head with beer bottle outside a bar; client claimed self-defense)
|
05/20/11
|
1291937
|
263RD
|
AGGRAVATED ASSAULT AGAINST PUBLIC SERVANT (1° Felony)
|
NO BILLED BY GRAND JURY (Police Officer shot
at 4 unarmed teenagers in a truck and claimed that client pointed a gun at
him)
|
01/06/11
|
1281977
|
174TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
hitting other woman in head with metal pole)
|
01/05/11
|
1281428
|
174TH
|
ASSAULT FAMILY VIOLENCE 2nd OFFENDER (Felony Habitual)
|
NO BILLED BY GRAND JURY AFTER FACING 25 YEARS
TO LIFE IN PRISON (Client accused of hitting wife multiple times after both
had been drinking)
|
12/03/10
|
1283460
|
232ND
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
10/21/10
|
1275771
|
180TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
injuring another man, using knuckles)
|
09/23/10
|
1270564
|
176TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client was accused
of using a knife to threaten another man who the client accused of stealing his
property from his apartment)
|
08/24/10
|
1264919
|
232ND
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
04/08/10
|
1252585
|
262ND
|
FORGERY OF A FINANCIAL INSTRUMENT (3° FELONY)
|
NO BILLED BY GRAND JURY (Client accused of
knowingly passing a counterfeit $100 bill at store)
|
02/24/10
|
1241754
|
177TH
|
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
molesting his sister-in-law)
|
02/24/10
|
1241755
|
177TH
|
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
molesting his sister-in-law)
|
11/23/09
|
1231727
|
179TH
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
05/20/09
|
1203539
|
337TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY
|
11/13/08
|
1182231
|
179TH
|
BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT (1°
Felony)
|
NO BILLED BY GRAND JURY (Client was accused
of breaking into an apartment and attacking the occupants after a drug deal
went bad)
|
Attorney James Sullivan is an experienced Brazoria County Criminal
Defense Attorney serving Greater Houston and Texas since 1994. You can call James Sullivan and Associates
right now at 281-546-6428.
