Home > Research Legal Advice > Criminal Defense > Texas criminal code, what happens if a grand jury "no bills" a case
Asked over 4 years ago - Plano, TX
FlagMy son was stabbed & nearly died. Kid who did it had been harrassing my son for months. DA and detective felt our case was "slam dunk" indictment. Defendant's family are very, very well off. Hired detective/attorney and got some witnesses to say stabbing was self defense. Defendent said he was "running for his life". On night of stabbing, he was asked to leave party repeatedly, stated to police after the arrest that he was not afraid and wasn't sure why he had a knife in his hand. Witnesses from that night told detective defendant was cocky and arrogant and no way in fear. We feel some "witnesses" testimony was bought. Or others. Where do we go from here to find justice? Will this case remain open for 3 years while we have time to do what we think the DA and detectives should have done?
A prosecutor can take the case back to the grand jury at any time before the statute of limitations expires or the case is expunged. There's nothing in the law to prevent it.
Regardless of what the ADA and the detective told you told you, if the ADA had wanted the kid indicted, the kid would have been indicted. It's very unusual for a Texas grand jury to no-bill an accused against the wishes of the prosecutor. More often a prosecutor will present a case to the grand jury but not ask for an indictment, so that he can blame the grand jury for not pursuing charges.
Without new evidence or political pressure on the elected DA (if it's Plano, it's Collin County, which is John Roach), it's not likely that the prosecutor will go back to the grand jury again.
Stab wounds are terrible injuries, and if the kid's family have enough money you may be able to get a personal injury lawyer to sue the kid on your son's behalf. The burden of proof in a personal-injury civil lawsuit is lower than that in a criminal trial.
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