Grand Jury Defense
Galveston Texas Criminal Law Attorney James Sullivan has a proven
record (see below) in getting felony cases no billed (dismissed) by the Grand
Jury. When a person is accused of a
felony offense, there may be the possibility of his defense attorney winning
his felony case at the Grand Jury level.
Depending on the facts and circumstances of the case, this may or may
not be a viable option, so it is important to talk to an experienced criminal
defense attorney. With this strategy,
the accused in effect has two opportunities 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.
Because prosecutors in Harris county generally seek to present felony cases to the Grand Jury between the first and second court setting, it is extremely important to hire a defense attorney right away. Unless a defense attorney requests that the prosecutor hold the case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury soon after the felony charge is filed.
NOTE: In surrounding counties, prosecutors usually present the case to a Grand Jury to secure an indictment before an arrest warrant is issued. Therefore, it is extremely important to hire a good defense attorney while the criminal case is under investigation.
Recently, in Montgomery County, a man was being investigated for sexual abuse against his teenage nephew. The man hired James Sullivan who immediately contacted the DA's office in Conroe and asked that the case be held from the Grand Jury. Two months later, based upon the defense packet Sullivan prepared, the Grand Jury no billed the case. The prosecutor assigned to the case remarked that that was the first time a defense attorney intervened on one of her cases and got it no billed. The client was so grateful he posted this review on the AVVO website:
I cannot thank you enough for your help with my case in Montgomery county. It was a very serious accusation against me. My teenage nephew falsely accused me of molesting him. You took our initial call on a weekend and assured us then that everything would turn out fine. You explained that it was very important for a good attorney to get involved before indictment because you believed a good defense attorney could get the case no billed by the grand jury. And, that's exactly what you did. You are very talented and professional at what you do. I cannot thank you enough for standing beside me, believing in me and and most importantly, your confidence. You are truly a super lawyer.~K.M.
Once an accused is indicted, this option is no longer
available. Therefore, time is of the
essence in retaining an experienced defense attorney.
| CRIMINAL OFFENSE | RESULT | CASE # |
|---|---|---|
| ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS | ||
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his immigrant wife from an arranged marriage, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce) | 1537660 |
| AGGRAVATED ROBBERY | NO BILLED BY GRAND JURY (Client accused of being the driver in an aggravated robbery) | 1523678 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client accused of causing bodily injury to her 9 year old daughter. The grand jury agreed that her daughter's injury was the result of being reasonably disciplined) | 1522880 |
| AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client, a disabled vet, shot and seriously wounded a former friend who was high on drugs, broke in his house right after being ordered to leave the premises and attempted to attack him) | 1505948 |
| AGGRAVATED ASSAULT in Montgomery County | NO BILLED BY GRAND JURY (Client shot and seriously wounded a violent felon who was trying to steal his car at nighttime) | 16-03-02825 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of throwing a 12 lb glass trophy at his father and hitting him in the back) | 1480035 |
| AGGRAVATED ASSAULT FAMILY MEMBER (Felony Habitual) | NO BILLED BY GRAND JURY AFTER FACING 25 YEARS TO LIFE IN PRISON (Client accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle) | 1478883 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument) | 1479091 |
| ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case | NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her) | 1459744 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened) | 1467006 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew) | 1446872 |
| SEXUAL ASSAULT | 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 in Montgomery County | DISMISSED 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 | NO BILLED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana) | 1443039 |
| AGGRAVATED ASSAULT | 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 | NO 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 | NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her) | CASE NOT YET FILED |
| SEXUAL ASSAULT in Brazoria County | NO BILLED BY GRAND JURY (Client, an elected official, was accused of sexual assault by his girlfriend) | CASE NOT YET FILED |
| INJURY TO A CHILD in Matagorda County | NO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him after she accidentally slapped him on his side when he was resisting the hand spanking) | CASE NOT YET FILED |
| INDECENCY WITH A CHILD in Montgomery County | NO BILLED BY GRAND JURY (Client accused of sexually abusing his 16 year old nephew) | CASE NOT YET FILED |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument) | 1356656 |
| INJURY TO A CHILD | 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 | NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument) | 1336650 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend) | 1341002 |
| EVADING BY MOTOR VEHICLE | 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 | 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 | 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 | NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend) | 1302447 |
| AGGRAVATED ASSAULT | 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 | 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 | 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 | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1283460 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles) | 1275771 |
| AGGRAVATED ASSAULT | 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 | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1264919 |
| FORGERY OF A FINANCIAL INSTRUMENT | NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store) | 1252585 |
| AGGRAVATED SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) | 1241754 |
| AGGRAVATED SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) | 1241755 |
| SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1231727 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY | 1203539 |
| BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT | NO BILLED BY GRAND JURY (Client was accused of breaking into an apartment and attacking the occupants after a drug deal went bad) | 1182231 |
