can the information of my deferred adjudacation be presented in family court without the presentation of a grand jury indictment

In reference to the fifth amendment and article one section ten of the texas constitution. If it is do I have the right to defend myself against all allegation mentioned of me in someone elses case.
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Paul Holt Walcutt

Paul Holt Walcutt

Contributor Level 7
If you are called as a witness on a grand jury hearing for someone else, you must respond to the subpoena and you must respond to non-incriminating questions the answers of which you have knowledge of or face being thrown in jail for contempt. The 5th Amendment and Section 10 rights you cite to apply to oral testimony given by you, but do not apply to an official court document (for example, a record of arrest and deferred adjudication), so there is nothing you can do to oppose the admission of these public records. Anything you say can be used against you in a future prosecution (and you can be indicted by either the grand jury itself or by an indictment later presented by the district attorney's office). Furthermore, you do not have the right to present your own evidence to defend yourself in someone else's grand jury hearing. You don't even have the right to have your attorney present with you in the room during the grand jury proceedings (but you can excuse yourself to consult with your attorney after each question).

Before you do anything else, I would strongly recommend you consult with a local criminal defense attorney. He or she will be able to assess this case and give you a better idea of what to do if subpoenaed to testify.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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