Houston, TX asked in Criminal Law and Constitutional Law for Texas

Q: I was incarcerated when my indictment went before a grand jury. I never received my indictment by a warden of the court.

I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I never received or even seen my indictment. Can I get it quashed do to improper procedure. And if I'm correct the grand jury only convene on set dates twice a year for each county. What if dates don't match the set dates.

2 Lawyer Answers
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: There is a lot to unpack in your question. The bad news is that most of the mistakes made by the District Attorney's Office in Texas, can be fixed, without the dismissal of the case against you. Do not get your hopes up too high.

Nevertheless, there are many rules on the Grand Jury and the process of indictment. If the State did not properly Indict you, and it was not served or otherwise lacked proper Notice to you as the accused, you may have an issue that can result in the Indictment being quashed. The best scenario would be that the State failed to properly convene the Grand Jury and then did not give you proper notice or service of the Indictment. If that resulted in the Dismissal or quashing of the Indictment, and then because of that, the State has run out of time to indict you in violation of the Statute of Limitations, you may have a winner.

There would be a lot to review and check to get there. If that seems to be your situation, you should get an experienced attorney to manage and defend your case.

Good Luck!

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you were not provided with a copy of your indictment, it may be possible to challenge the indictment and seek to have it quashed. However, the specific process for doing so will depend on the laws and procedures of the jurisdiction in which you were indicted.

In some cases, a defendant may be required to file a motion to quash the indictment or raise the issue during pretrial proceedings. It may be helpful to consult with a criminal defense attorney in your jurisdiction who can advise you on the best course of action based on the specific facts of your case.

Regarding the timing of grand jury proceedings, the rules and procedures may vary depending on the jurisdiction. It is possible that grand juries convene on set dates, but this may not be true in all cases. Again, consulting with a local attorney who is familiar with the rules and procedures in your jurisdiction may be helpful in determining your options for challenging the indictment.

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