FELONY CRIMES                        

Grand Jury

All Felony cases are heard by the Grand Jury made up of 12 people selected from the community to decide if the District Attorney has "probable cause" to pursue the case. A Grand Jury usually hears only one side of the case from the investigating police officer or the "victim". The Grand Jury, in a few cases, will make an exception to hearing only one side of the case and can listen to what you, the accused, have to say. Time to prepare for the presentation of a case to the Grand Jury is very limited, therefore, you should consult with an attorney once you think you may be charged with a felony to safeguard all of your rights. After the Grand Jury hears the evidence it chooses to hear, it will return a "true-bill" or a "no-bill". If your case is no-billed, it will not be pursued. (It is possible a second Grand Jury could rehear a case for reconsideration.) If your case is true-billed, the case is sent to a court and an Assistant District Attorney will prosecute the case.

Examining Trial for Felony

Another reason you should immediately consult an attorney is because you may be able to have an "examining trial" before the Grand Jury hears your case. However examining trials are not an absolute right and are permitted on a first come, first served basis. If you want to take advantage of this right, your attorney needs to know now of the pending charges against you. The attorney can request one of the few time-slots available. In the examining trial "probable cause" to hold you on the charges is almost always found by the Judge, but you and your attorney have this opportunity to learn a great deal about the case against you. This opportunity is lost by many people because they do not get an attorney quickly. (The outcome of the examining trial has no effect on the Grand Jury proceedings)

If Convicted, Your Punishment.

Felonies are classed by seriousness. This chart should help you understand the ranges of punishment.

Felony Range of Punishment                  

**State Jail..180 days-2yrs jail & $0-10,000 fine

**3rd degree..2yrs-10yrs pen time & $0-10,000 fine

**2nd degree..2yrs-20yrs pen time & $0-10,000 fine

**1st degree..5yrs-99yrs-life pen & $0-10,000 fine

Please Note: All punishment ranges for felony crimes need to be explained and applied to your special circumstances by a licensed attorney who regularly practices criminal law as there are may exceptions, enhancements or variations under the law. A large number of people will be eligible for probation because they do not have a "criminal history" or have a minimal criminal history; other situations might allow for probation but the court will impose jail time as a condition of probation; other individuals might show a long criminal history where the punishment range will be pushed up to a higher level.

Final Disposition of Your Case - Felony

Your attorney will learn more about the case from the Asst. D.A., then you can decide what to do. Your case will be brought to a conclusion by your attorney setting it for a trial before a Judge or before a jury or by you entering your plea of guilty or no contest before the Judge. Note: Some courts in Dallas County do not let a person accused of a felony plead no contest. In that case the only plea accepted is a guilty plea.