There is an old line that a prosecutor could get a grand jury to indict a ham sandwich. Brian Foley presented felony cases to Harris County grand juries for years, and in this video he explains why the line is mostly true — and why "mostly" is where the defense lives.
How it works
The Texas Constitution requires that a felony be prosecuted by indictment, and an indictment can only be returned by a grand jury. Twelve citizens are empaneled for a term of months and meet regularly. A prosecutor presents cases — usually by summarizing the offense report and sometimes by calling the investigating officer. The grand jurors ask questions and vote. Nine votes are needed for a "true bill" (indictment); fewer than nine is a "no-bill," and the case is dismissed.
Why it favors the State
- The proceedings are secret. The defendant is not notified of the presentation date in most cases.
- There is no judge and no defense lawyer in the room.
- The standard is probable cause — far below reasonable doubt.
- The grand jury hears only what the prosecutor chooses to present, and hearsay is fully admissible.
- Grand jurors see dozens of cases a day and rarely hear a defense.
How the defense gets a no-bill anyway
A grand jury can hear from the defense — if the defense makes it happen. A well-prepared grand jury packet — a letter to the prosecutor and grand jurors laying out the defense, with the evidence that supports it: video, witness affidavits, medical records, phone data — is placed in front of the grand jury alongside the State's presentation. In self-defense cases, disputed identifications, and cases where the complaining witness has credibility problems, grand juries no-bill more often than people expect. The defendant can also ask to testify, though that is a decision made carefully and rarely.
The packet only works if the lawyer knows the case is going to the grand jury and knows what grand jurors respond to. Having presented cases to them, Brian Foley and Luis Baez do. If you are under investigation for a felony in Harris County, the time to act is before the indictment, not after. Call or text (713) 703-1718.