Could the Grand Jury Dismiss Your Case? Yes

Houston Felony Defense Lawyer

If you are charged with a felony offense, you might be able to get your case dismissed at the grand jury level within one to two months of being arrested.  Because the government (prosecutors) often rushes to get their felony cases indicted by the grand jury within one to two weeks after an arrest,  it is important to hire a Houston criminal lawyer with experience winning cases at the grand jury level as soon as you are arrested or know you are under investigation.  Your attorney can then sign onto your case in court and ask the State to hold the case from the grand jury in order to prepare a defense.

Proven Record of Felony Case Dismissals

Houston Criminal Lawyer James Sullivan has a proven record (see below) in getting felony cases dismissed (no billed) by the Grand Jury.  When a person is accused of a felony offense,  it may be possible for his defense attorney to win his case at the Grand Jury level.  Depending on the facts and circumstances of the case, this may or may not be a realistic option, so it is important to talk to an experienced criminal defense attorney.  With this strategy, the accused in effect has two chances to win his case before a jury:

(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.

Once an accused is indicted, this option is no longer available.  Therefore, time is of the essence in retaining an experienced defense attorney.  Most criminal defense attorneys are not familiar with this process, so it is important to hire an attorney with a proven record.

Since 1994, Houston 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 32 of those felony cases that were either no billed by the Grand Jury or dismissed by the State based upon the defense packet since November 2008.

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew)1446872
SEXUAL ASSAULT (3° Felony)CASE CLOSED BY THE STATE (16 year old juvenile client and 17 year old adult client were both accused of raping a 17 year old female friend. After reading the defense packet for the grand jury, the State chose to close the file without any charges being filed)CASE NOT YET FILED
ASSAULT FAMILY MEMBER/IMPEDING BREATHING (3° Felony) IN MONTGOMERY COUNTYDISMISSED BY THE STATE (Client accused of choking his wife during an argument. The State refused to present the case to the grand jury, dismissed the felony and refiled it as a misdemeanor)14-08-09346-CR
AGGRAVATED ASSAULT FAMILY MEMBER (2° Felony)NO BILLED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm while being high on synthetic marihuana)1443039
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY (Client accused of shooting another guy's motorcycle twice while the guy was on it after the guy had broken the client's custom table)1431964
AGGRAVATED ROBBERY (1° Felony) IN HARRIS COUNTYNO BILLED BY GRAND JURY (Client accused of shooting a gun into the ceiling of a restaurant and robbing patrons of their cell phones)1419975
INJURY TO A CHILD (3° Felony)NO BILLED BY GRAND JURY (Client, an officer in law enforcement, was accused of abusing his teenage daughter)CASE NOT YET FILED
SEXUAL ASSAULT (2° Felony) IN BRAZORIA COUNTYNO BILLED BY GRAND JURY (Client, an elected official, was accused of sexual assault by his girlfriend)CASE NOT YET FILED
INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTYNO BILLED BY GRAND JURY (Client accused of causing bodily injury to 10 year old son by striking him on his side)CASE NOT YET FILED
INDECENCY WITH A CHILD (2° Felony) IN MONTGOMERY COUNTYNO BILLED BY GRAND JURY (Client accused of sexually abusing his 16 year old nephew)CASE NOT YET FILED
ASSAULT FAMILY MEMBER/IMPEDING BREATHING (3° Felony)NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument)1356656
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)1340646
ASSAULT FAMILY MEMBER/IMPEDING BREATHING (3° Felony)NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument)1336650
AGGRAVATED ASSAULT FAMILY MEMBER (2° Felony)NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend)1341002
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)1338389
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)1332791
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)1321679
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend)1302447
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)1302814
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)1291937
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole)1281977
ASSAULT FAMILY VIOLENCE 2 nd 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)1281428
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1283460
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles)1275771
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)1270564
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1264919
FORGERY OF A FINANCIAL INSTRUMENT (3° FELONY)NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store)1252585
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)1241754
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)1241755
SEXUAL ASSAULT OF A CHILD (2° Felony)NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1231727
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY1203539
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)1182231