Q: Texas drug possession laws. Are both people required by law to be brought before grand jury and both stand trial?
If two people are pulled over, felony case drugs "found" in the vehicle, nobody claims them, and both are arrested for the same case, should both individuals cases go before grand jury for indictment and stand trial or reach a plea bargain by law? If not, is it required by the State to reveal why one of the individual's case did not go before the grand jury if a motion for such info is filed?
A: It is within the discretion of the District Attorney regarding who to charge and what charges to present to a Grand Jury.
Kiele Linroth Pace agrees with this answer
A: No. The state's prosecutor could ask the grand jury to indict one, both, or neither. It is possible for multiple people to be convicted of possession of the same contraband.
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