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. By utilizing this strategy, the accused in effect has two opportunities to win his case before a jury:
- Grand Jury and, if indicted,
- 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 no billed, the accused has the immediate legal right to seek an expunction of his criminal record. 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 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.
Once an accused is indicted, this option is no longer available. Therefore, time is of the essence in retaining a knowledgeable defense attorney.
Since 1994, Houston Criminal Lawyer James Sullivan has worked to get countless felony cases no billed by the Grand Jury. These felony cases include Sexual Assault of a Child, Attempted Murder, Aggravated Robbery, Aggravated Assault of a Public Servant, Aggravated Assault, Injury to a Child, Forgery and Burglary of a Habitation among others. The graph below lists just the 20+ felony cases that have been no billed between 2008 to 2012. Each client then had the right to get his case expunged.
This strategy is not underutilized by other attorneys. Some lawyers do not understand the process or how to draft a persuasive defense packet. James Sullivan knows lawyers who have practiced criminal law for over 20 years but have never fought a felony at the grand jury level. Other attorneys do not do so because they know that they can charge much more money to go to trial. Court-appointed lawyers are paid by each court appearance they make, so the longer the case lasts the more money they make. Therefore, very few are willing to do this even though it means their client may have to stay in jail for a year or more for a trial. Sullivan cares about his clients and wants to get them the best result in as short amount of time as possible while charging a reasonable fee, so he seriously considers this option on most of his felony cases.
The following criminal cases are exceptional and should not be considered as typical. Certainly, each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results. Note that these are only examples of the cases Sullivan has handled.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
Range of punishment for felonies include: 1° Felony (5 yrs to Life in prison), 2° Felony (2-20 yrs in prison), 3° Felony (2-10 yrs in prison) and SJF (6 months to 2 yrs in state jail).
PROVEN RESULTS
DATE | CASE # | CT # | TEXAS FELONY OFFENSE | ACTUAL RESULT |
09/21/12 | 1356656 | 180TH | ASSAULT FAMILY MEMBER BY IMPEDING BREATHING (3° Felony) | NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument) |
08/17/12 | 1340646 | 184TH | INJURY TO A CHILD (1° Felony) | NO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs. See more details here.) |
05/30/12 | 1336650 | 351ST | ASSAULT FAMILY MEMBER BY IMPEDING BREATHING (3° Felony) | NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument) |
05/25/12 | 1341002 | 183RD | AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend) |
05/18/12 | 1338389 | 339TH | 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) |
04/19/12 | 1332791 | 185TH | 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) |
12/07/11 | 1321679 | 184TH | 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) |
07/15/11 | 1302447 | 232ND | AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend) |
05/27/11 | 1302814 | 232nd | 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) |
05/20/11 | 1291937 | 263RD | 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) |
01/06/11 | 1281977 | 174TH | AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) |
01/05/11 | 1281428 | 174TH | ASSAULT FAMILY VIOLENCE 2nd OFFENDER (Felony Habitual) | NO BILLED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. Client faced 25 years to a lifetime in prison) |
12/03/10 | 1283460 | 232nd | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
10/21/10 | 1275771 | 180TH | AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles) |
09/23/10 | 1270564 | 176TH | 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) |
08/24/10 | 1264919 | 232ND | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
04/08/10 | 1252585 | 262ND | FORGERY OF FINANCIAL INSTRUMENT (3° FELONY) | NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store) |
02/24/10 | 1241754 | 177TH | AGGRAVATED SEXUAL ASSAULT CHILD (1° Felony) | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) |
02/24/10 | 1241755 | 177TH | AGGRAVATED SEXUAL ASSAULT CHILD (1° Felony) | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) |
11/23/09 | 1231727 | 179TH | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
05/20/09 | 1203539 | 337TH | AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY |
11/13/08 | 1182231 | 179TH | 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) |