In Texas, most felony charges must first go before a grand jury, a panel of 12 citizens who decide whether there is enough evidence to charge you. At least nine must agree to return an indictment, called a "true bill." The proceeding is secret and one-sided: the prosecutor presents the case, and the defense cannot cross-examine or present evidence.
Below, we explain what the grand jury actually does, what the Texas statutes require, and, most importantly, what a “no-bill” does and does not do for your record.
The Statute: Code of Criminal Procedure Chapters 19A and 20A
Texas grand juries are governed by two chapters of the Code of Criminal Procedure. Chapter 19A covers how the grand jury is organized, and Chapter 20A covers how it operates. (These chapters replaced the former Chapters 19 and 20 effective January 1, 2021, as a codification with no substantive change in the law.)
The operative provisions:
Composition: Art. 19A.201 (titled “Grand Jury Impaneled”). The court selects 12 grand jurors, plus 4 alternates, at random, from a fair cross-section of the community.
Quorum: Art. 19A.251.Nine grand jurors are enough to conduct business.
Foreperson and oath: Arts. 19A.203 and 19A.202. The court appoints one juror as foreperson, and jurors swear to inquire diligently and to keep the proceedings secret.
Duty to inquire: Art. 20A.051. The grand jury inquires into offenses that are subject to indictment.
Who is in the room: Art. 20A.102. Only a grand juror, a bailiff, the prosecutor, a witness while being examined, and support staff (interpreter, court reporter) may be present. While the grand jury deliberates and votes, only the grand jurors may be present: no prosecutor, no judge, no defense lawyer.
Who may appear or address the jury: Arts. 20A.103 and 20A.104. The prosecutor is entitled to appear. No one else may address the grand jury except a witness, or an accused/suspected person or their attorney, and only if the prosecutor approves.
Warnings to a “target”: Art. 20A.258. Before an accused or suspected person subpoenaed to testify is examined, they must be warned (in writing and orally) of the right to remain silent, the right to a lawyer outside the room, and that their testimony can be used against them.
Secrecy: Arts. 20A.202 and 20A.203. Grand jury proceedings are secret, and jurors, bailiffs, reporters, and interpreters who disclose what happened can be held in contempt.
The vote: Art. 20A.301. After the evidence is presented, the jury votes. If at least nine grand jurors concur in finding the bill, the foreperson records the vote so the prosecutor can prepare the indictment.
Presentment: Arts. 20A.302 and 20A.303. The indictment is prepared, signed by the foreperson, and delivered to the court; at least nine jurors must be present to return it.
What It Means in Practice
Why a grand jury exists. The Texas Constitution (art. I, § 10) says a person cannot be held to answer for a felony unless a grand jury has indicted them, unless the defendant waives that right. The grand jury is a screening step between arrest and trial; its job is not to decide guilt, only whether there is probable cause to believe you committed a felony. It is a lower bar than the “beyond a reasonable doubt” standard used at trial.
It is one-sided by design. This is the point most people misunderstand. The prosecutor runs the presentation, chooses which witnesses and documents the grand jurors see, and is the only lawyer allowed to advise them. There is no judge refereeing, no defense attorney cross-examining, and no requirement that the grand jury hear the other side of the story. Under Art. 20A.104, your lawyer can address the grand jury only if the prosecutor agrees to let that happen, which is why an experienced defense lawyer’s real work often happens before the case is presented.
Target versus witness. Texas law distinguishes between an ordinary “witness” and an “accused or suspected person,” what people often call a “target.” A target who is subpoenaed gets specific warnings under Art. 20A.258 and the right to consult a lawyer before appearing, and their testimony is recorded (Art. 20A.201). Knowing which category you fall into changes everything about how you should respond to a grand jury subpoena.
The “grand jury packet.” In everyday practice, the materials a prosecutor assembles for the grand jury (the offense report, a case summary, and proposed charges) are often called the “grand jury packet.” This is a practice term, not a statutory one, and these materials are generally treated as part of the secret proceeding under Arts. 20A.202–20A.203 rather than as routine discovery under the Michael Morton Act (Art. 39.14).
True bill versus no-bill. If nine or more jurors agree there is probable cause, they return a true bill (the indictment) and the felony case moves forward. If fewer than nine agree, the result is a no-bill, and that particular charge is not indicted. (“True bill” and “no-bill” are the customary terms used by courts and lawyers; the statute itself refers to the jury “finding the bill.”)
What a no-bill does and does not do. A no-bill is good news, but it is not the same as an acquittal or a dismissal on the merits. It does not automatically clear your record, and it does not necessarily end the matter forever; a prosecutor can generally re-present the same conduct to a later grand jury within the statute of limitations. To actually clear the arrest from your record after a no-bill, you typically have to pursue an expunction under Code of Criminal Procedure Chapter 55A, which is available subject to eligibility rules and waiting periods that depend on the offense and the circumstances of your case.
The 12-person composition of a felony petit jury rests on Tex. Const. art. V, § 13 (which also fixes the 9-juror grand-jury quorum); the requirement that a felony verdict be unanimous rests on broader Texas law (see Tex. Code Crim. Proc. art. 36.29 and long-settled Texas practice), not on § 13 alone.
Common Misconceptions
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Myth
"The grand jury already decided I'm guilty."
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Correction
Not true. A grand jury only decides whether there is probable cause to charge you, a far lower standard than the proof "beyond a reasonable doubt" a trial jury needs to convict. An indictment is an accusation, not a conviction.
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Myth
"My lawyer can go in and cross-examine the witnesses against me."
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Correction
No. Grand jury proceedings are one-sided. The prosecutor controls what evidence the jurors see, and your attorney has no automatic right to be in the room, to cross-examine, or even to address the jury without the prosecutor's approval (Art. 20A.104).
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Myth
"A no-bill means the case is over and off my record."
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Correction
A no-bill means this grand jury did not indict; it is not an acquittal, it does not automatically erase the arrest, and the State can sometimes re-present the case to another grand jury. Clearing your record usually requires a separate expunction under Chapter 55A.
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Myth
"If I get a grand jury subpoena, I should just go answer their questions."
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Correction
Appearing without counsel can be a serious mistake. If you are a "target" (an accused or suspected person), you have the right to warnings and to consult a lawyer first under Art. 20A.258. Talk to a defense attorney before you say anything.
How It Affects Your Case
The grand jury stage is one of the few points where a well-prepared defense may be able to affect whether a felony is ever formally charged. Because the process is one-sided, the most effective work often happens before the presentation: assembling a “grand jury packet” of favorable evidence, requesting that the prosecutor present exculpatory facts, negotiating for a reduced charge, or in the right case, asking to appear. Once a true bill is returned, the fight shifts to motions, discovery, and trial.
At Lance Kennedy Law, we handle felony matters at the grand jury stage in both Austin and San Antonio. Whether you have received a target letter, a grand jury subpoena, or notice that your case is being presented, the sooner we get involved, the more options you have. We cannot promise a no-bill (no ethical lawyer can guarantee a result), but we can make sure your side is heard where the law allows it and that you do not walk into a secret proceeding unprepared.
Talk to a Texas Felony Defense Attorney
Call (737) 324-7540 for a free, confidential case review. Lance Kennedy Law: Texas criminal defense serving Austin, San Antonio, and the surrounding counties. If your case is headed to a grand jury, do not wait until you are indicted.
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If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
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