Being indicted in Texas can feel overwhelming. One day, you’re under investigation, and the next, you learn a grand jury has formally charged you with a felony. Many people believe an indictment means they’ve been found guilty—but it doesn’t. It simply means a prosecutor has presented enough evidence to move the case forward to trial.
Understanding what happens after an indictment is issued can help you make informed choices and protect your rights. Here’s what to expect—from indictment through trial—and why it’s crucial that you immediately consult a criminal lawyer.
What an Indictment Means
In Texas, an indictment is a formal written statement issued by a grand jury declaring that there’s probable cause to believe you committed a felony. It’s not a conviction and doesn’t prove guilt—it simply allows the state to proceed with prosecution.
Indictments apply only to felony cases. Misdemeanors, by contrast, are filed directly by prosecutors without grand jury involvement. Being indicted means the grand jury found enough evidence to justify a trial, not that the state has proven its case.
The Grand Jury Indictment Process in Texas
A grand jury in Texas is composed of 12 citizens chosen to review criminal evidence in a confidential proceeding. Prosecutors present police reports, witness testimony, and other evidence to convince the grand jury that there is a sufficient basis for taking the case to court. Defense attorneys are not present, and the defendant usually doesn’t testify.
If nine of the twelve jurors believe probable cause exists, they return what is referred to as a “true bill”—also known as an indictment. If not, they return a “no bill,” ending the matter unless new evidence emerges.
Because the process is one-sided, it’s vital to have an experienced lawyer early. Skilled defense attorneys can often contact the prosecutor beforehand, share exculpatory information, or persuade them to reduce or delay charges before the case reaches the grand jury.
What Happens Immediately After an Indictment
Once the grand jury returns a true bill or indictment, the court signs it and an arrest warrant or court summons is issued. Once you have been taken into custody, you will be arraigned, with the judge formally reading the charges and asking how you plead: guilty, not guilty, or no contest.
At this stage, your lawyer can request bond, challenge restrictive conditions, and start reviewing evidence. Having representation from the start helps you avoid early mistakes that can harm your defense later.
Pre-Trial Procedures and Plea Negotiations
After the arraignment, the pre-trial phase begins. The defense receives all discovery materials—police reports, videos, lab tests, witness statements, and other evidence. Your attorney may then file motions to suppress some of the evidence, arguing that police violated your rights during the search or arrest, or that particular evidence lacks relevance.
This phase can also include plea discussions. Many Texas felony indictments never actually reach trial because defense lawyers successfully negotiate reduced charges or probation alternatives in lieu of court proceedings. Strong advocacy early in the process can dramatically affect the outcome.
The Trial Process in Texas
If plea negotiations fail, your case moves to trial. In Texas, defendants have the right to a jury trial but may also opt for a bench trial before a judge.
The stages of a criminal prosecution commonly include:
- Jury selection (voir dire)
- Opening statements
- Presentation of prosecution and defense evidence
- Cross-examination and closing arguments
- Verdict and, if guilty, sentencing
How a Criminal Defense Lawyer Protects You
A seasoned Texas criminal lawyer can make an immediate difference after indictment by:
- Communicating with prosecutors before formal charges are filed
- Reviewing police conduct for constitutional violations
- Negotiating plea reductions or pre-trial diversion programs
- Preparing a clear, evidence-based defense for trial
Read Also: The Statute of Limitations in Texas Criminal Prosecutions
Get Experienced Legal Help After an Indictment in Texas
At The Law Offices of Bailey & Galyen, we defend individuals across the Dallas–Fort Worth Metroplex who’ve been indicted on felony charges. Our attorneys understand Texas grand jury procedures, pre-trial negotiations, and trial strategy—and we move quickly to protect your rights and reputation.
For a confidential consultation, call Bailey & Galyen at 844-402-2992 or contact us online. Our phones are answered 24/7 — because your freedom can’t wait. Se habla español.
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