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Last Modified on Sep 15, 2026
A criminal accusation can change a person’s life long before a case ever reaches a courtroom. Sometimes, the most important defense work happens before an indictment is handed down.
Our firm recently represented an individual facing a serious felony allegation in Harris County. At the initial court appearance, the DA’s office offered a plea deal of 4 years in prison. No thanks. After conducting our own investigation and presenting a detailed defense packet to the grand jury, the grand jury returned a No Bill—meaning it declined to indict our client.
For our client, the case ended without an indictment and without having to endure months—or potentially years—of felony prosecution.
Taking the Defense to the Grand Jury
When a felony case is presented to a Texas grand jury, the defense may have an opportunity to provide information for the grand jurors to consider before deciding whether probable cause exists to indict.
In the right case, we believe the defense should do more than simply wait for the State to present its version of events.
Here, we prepared a comprehensive grand jury packet laying out the defense position and explaining why the accusation should not result in an indictment. Rather than merely denying the allegation, we focused on the evidence, the surrounding circumstances, credibility issues, and the broader context in which the accusation arose. We also had our client take, and pass, a polygraph examination on the issues central to the case.
Our position was straightforward: our client was innocent, and the evidence did not justify putting him through a felony prosecution.
When an Accusation Does Not Tell the Whole Story
One of the dangers in the criminal justice system is assuming that an accusation itself establishes guilt.
It does not.
People can misunderstand events. Witnesses can provide incomplete or inaccurate accounts. Important context can be omitted. And, in some cases, the defense may contend that a complainant is attempting to use the criminal justice system as a weapon in a personal dispute.
That was an issue we believed the grand jury needed to consider in this case.
The defense presentation therefore did not simply ask the grand jury to accept our client’s word. We gave the grand jurors reasons to scrutinize the allegation carefully and evaluate whether the evidence actually supported moving forward with a criminal prosecution.
Ultimately, the grand jury returned a No Bill.
What Does a “No Bill” Mean in Texas?
In a Texas felony case, a grand jury generally determines whether sufficient probable cause exists to formally charge someone by indictment.
When the grand jury votes to indict, it returns what is commonly called a “true bill.”
When it declines to indict, it returns a “no bill.”
A no bill can be an enormously important result for someone facing charges Instead of being formally indicted and forced to defend a felony case through the trial courts, the person may avoid prosecution altogether based on that grand jury presentation.
Early Intervention Can Matter
This case is also a reminder that hiring a criminal defense lawyer is not necessarily something that should wait until after an indictment.
When we become involved during the investigative or grand jury stage, we may be able to investigate independently, preserve favorable evidence, identify weaknesses in the accusation, communicate with prosecutors, and—when appropriate—present the defense directly to the grand jury.
There is never a guarantee that a grand jury will return a no bill. Every case depends on its own facts and evidence.
But when the circumstances justify it, we believe in giving the grand jury a meaningful reason to hear both sides of the story before a person’s life is turned upside down by a felony indictment.
In this case, that approach resulted in exactly what our client was hoping for:
No indictment. No felony prosecution. No Bill.
Under Investigation for a Felony in Houston?
If you learn that you are under investigation or that your case may be presented to a Harris County grand jury, you do not necessarily have to sit back and wait to see what happens.
An experienced Houston criminal defense attorney may be able to begin building the defense before an indictment is ever returned.
Contact our office to discuss the circumstances of your case and whether early intervention or a grand jury presentation may be appropriate.
Past results do not guarantee future outcomes. Every criminal case is different and must be evaluated based on its individual facts and circumstances.
