FOCL Practice Test

In Texas, do individuals have the right to be indicted by a grand jury before felony prosecution?

1. True

2. False

3. Only if the crime exceeds a certain amount

4. Only for violent felonies

The correct answer is: True

In Texas, individuals do have the right to be indicted by a grand jury before facing felony prosecution. This right is enshrined in both the Texas Constitution and the United States Constitution. A grand jury serves as a safeguard against unfounded criminal charges by requiring that there is sufficient evidence to formally accuse someone of a felony. This process involves a group of citizens who examine the evidence presented by the prosecutor to determine whether there is probable cause to charge the individual with a crime. This indictment is a crucial step in ensuring that individuals are not subjected to criminal trials without proper justification. The other options suggest differing conditions under which grand jury indictments may or may not be required, but Texas law clearly mandates that grand jury indictments are required for felonies, regardless of the nature of the crime or its severity.