If the facts of the case do not support the charge and it looks like insufficient evidence exists for a conviction, you have a case that you should present a grand jury packet on.
Review the Law and Case Law associated with your Client's facts
Print out the actual penal code section associated with the charge and review all the facts and affirmative defenses-highlight them.
Develop the Defense
Get affidavits, go to the scene and take pictures, talk to/get affidavit (that are favorable) from the witnesses and complaining witnesses if possible, get your client's resume and accomplishments (if they are good), humanize your client with family pictures and church involvement, etc.
Outline and Draft a 2-6 Page Narrative with sub-sections
Create a Grand Jury packet by first putting in subsections (i.e., Charge, Synopsis of Facts, Detailed Facts, Witness(es) Perspective of the facts, the actual law, an Exhibit list, Conclusion, Exhibits to follow in packet.
Request Prosecutor put a Grand Jury Hold on the case
Once you've determined you have a great case for a no-bill, make SURE you tell the court's prosecutor not to take the case to the Grand Jury until you've had the opportunity to deliver Grand Jury Packets to this prosecutor that you request he deliver to the Grand Jury members. You can also take this opportunity to set up a meeting with the prosecutor to go over the case, its flaws and why you believe it is judicially efficient for him/her to push for a no-bill. Prosecutors can get a ham sandwich indicted, so its best to personally deal with the prosecutor so they know up front the case flaws AND that you are going to fight tooth-n-nail to defend this case, so they may want to spend a little time upfront with you (reviewing your Grand Jury packet evidence), so they may see the "light!" Prosecutors are generally very reasonable people and if they see they are going to lose, they are not going to push for an indictment. Also, you may need to file a "Motion for Grand Jury Hold" to lock
Find Out Date to be Presented to Grand Jury
Ask the prosecutor when they plan to present the case to the Grand Jury and advise them that you'll have your witnesses there poised to answer any questions the Grand Jury may have. Also, I have had many cases no-billed and was not even told the case had been presented, so my clients are already out of jail and I don't even know it. Best to keep in contact with the prosecutor about presentation dates so you know to follow-up to learn of a no-bill before your client tells you--in person.
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