QUESTION
Is it legal to be indicted a felony charge for a criminal mischief by the grand jury?
Asked on Jun 04th, 2012 on Criminal Law - Texas
More details to this question:
In Feb of 2012 i was arrested on a criminal mischief charge for tampering with a smoke detector on school campus. When I bailed out I was instructed by both the police station and bondsman that I will get a court date in the mail. In April my case was sent to the grand jury and they indicted me on a felony but I nor my bondsman was given a court date. When I called the district courts they said that one was never made. I now have a warrant in the state of texas for this. Isn't what the judicial system did illegal? And can I sue somebody for this because now I have to turn my self in and post bail for $5000 dollars. Also I would like to add the criminal mischief charge would have been my first offense ever.
3 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Sounds like there was some confusion about notification and the bond. Hire a lawyer immediately who can talk to the court and your bonding company so that you do not lose the money you already paid on your bond. You have no right to appear at the grand jury proceeding and you should have hired a lawyer right after your arrest to work on your case and try to avoid an indictment, but that is water under the bridge.
Answered on Jun 15th, 2012 at 5:02 PM
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Yes. You don't get to testify in front of the grand jury. It's a courtesy if they let you. You now have a very real felony criminal mischief. Best to lawyer up and hire the best lawyer you can afford.
Answered on Jun 13th, 2012 at 10:05 AM
Criminal Attorney serving San Antonio, TX
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Law Offices of Jesus R. Lopez
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You are not formally charged until you have been indicted so it does not sound like the state has done anything illegal yet. However, you need to hire an criminal defense attorney immediately to prepare a defense for your case.
Answered on Jun 13th, 2012 at 9:09 AM