Attorney
In Texas criminal cases, grand juries and trial juries serve very different purposes. A grand jury decides whether there is enough evidence to formally charge someone with a felony, while a trial jury determines whether the defendant is guilty beyond a reasonable doubt. In Fort Worth and throughout Texas, understanding the difference between these two types of juries helps explain how felony cases move from investigation to trial.
What Is a Grand Jury?
A grand jury is a group of citizens selected to review felony cases and decide whether criminal charges should move forward. Grand juries do not determine guilt or innocence. Their role is limited to deciding whether there is probable cause to believe a crime was committed and that the accused person may have committed it.
In Texas, grand juries typically consist of 12 jurors, and at least nine must agree for an indictment to be issued. If the grand jury finds probable cause, it returns a “true bill,” which formally authorizes felony charges.
If the jurors do not believe the evidence supports charges, they may return a “no bill,” meaning the case does not proceed at that time.
Grand jury proceedings are conducted in private, and the accused person usually does not appear during the process.
What Happens During a Grand Jury Proceeding?
Grand jury proceedings are very different from courtroom trials. The process is largely controlled by prosecutors, who present evidence to the jurors.
During the process:
- Prosecutors present witness testimony and evidence
- The grand jurors may ask questions of witnesses
- The defense typically does not present arguments
- Rules of evidence are more flexible than at trial
Because the standard is probable cause, the level of proof required is significantly lower than what is required to convict someone at trial. Grand juries are most commonly used in felony cases, including serious drug offenses, violent crimes, and other major criminal allegations.
What Is a Trial Jury?
A trial jury, sometimes called a petit jury, is the group of citizens who hear evidence during a criminal trial and decide whether the defendant is guilty.
In Texas criminal cases, trial juries usually consist of:
- 12 jurors in felony cases
- 6 jurors in misdemeanor cases
Unlike grand juries, trial juries operate in open court and hear evidence from both the prosecution and the defense.
Their responsibility is much greater: they must determine whether the prosecution has proven the defendant’s guilt beyond a reasonable doubt, which is the highest standard of proof in the legal system.
How Trial Juries Reach a Verdict
During a criminal trial, both sides present their evidence and arguments.
The process generally includes:
- Opening statements by attorneys
- Witness testimony and cross-examination
- Presentation of physical and digital evidence
- Closing arguments by both sides
- Instructions from the judge on how to apply the law
After hearing the case, the jury deliberates privately to reach a verdict.
In Texas felony trials, jurors must reach a unanimous decision to convict or acquit the defendant. If the jurors cannot reach a unanimous verdict, the result may be a hung jury, which can lead to a retrial.
Key Differences Between Grand Juries and Trial Juries
| Grand Jury | Trial Jury |
| Reviews felony cases before formal charges proceed | Hears the full criminal case in court |
| Decides whether probable cause exists | Evaluates evidence from both sides |
| Meets privately | Determines whether the defendant is guilty |
| Only hears evidence from prosecutors | Operates under strict legal rules |
| Does not determine guilt or innocence | Must reach a unanimous verdict in felony cases |
Why the Grand Jury Stage Matters
Although the grand jury does not determine guilt, it plays an important role in felony cases. The decision to issue an indictment allows prosecutors to formally move forward with criminal charges.
For defendants, the grand jury stage may influence:
- Whether charges are filed
- What specific charges are pursued
- How prosecutors approach the case moving forward
Once an indictment is issued, the case proceeds through the court system toward pretrial hearings, negotiations, or a jury trial.
Fort Worth Criminal Defense Attorneys
Criminal cases can involve complex procedures long before they ever reach trial. Grand jury proceedings, charging decisions, and trial preparation all play a role in the development of a case.
If you are facing felony allegations or believe you may be under investigation in Fort Worth, contact Daniel Collins Law to prepare for the legal process ahead.