When facing allegations as serious as child sex offenses in North Texas, including McKinney, Plano, Frisco, Prosper, and throughout Collin County, the process can feel overwhelming and terrifying. At Gore Law, PLLC, we recognize the gravity of these accusations and stand by our clients with a compassionate and results-driven approach. Our lead attorney, Keith Gore, leverages extensive trial experience to help clients navigate this complex journey.
This blog focuses on what happens after a person is accused of a child sex offense, with a particular focus on the grand jury process. Understanding your rights and having a skilled defense team can make a critical difference in these cases.
The Grand Jury Process
All felony charges, including those involving child sex offenses, must first be presented to a grand jury. This step is not just procedural—it is a constitutional safeguard. Both the 5th Amendment of the U.S. Constitution and Article I, Section 10 of the Texas Constitution guarantee the right to a grand jury indictment. While this right can technically be waived, doing so in serious cases such as these is rare and often unwise.
The grand jury consists of 12 citizens chosen by a district court judge. A minimum of nine jurors must agree to indict, returning what is called a “true bill.” If fewer than nine vote in favor, the charge is “no-billed,” effectively dismissing it—though prosecutors can sometimes resubmit the case with new evidence. See Article 19 of the Texas Code of Criminal Procedure for more details about grand jury organization.
Challenges of the Grand Jury Process
- Secrecy of Proceedings: Grand jury proceedings are confidential under Article 20.02 of the Texas Code of Criminal Procedure. The accused and their defense counsel are excluded, leaving the prosecutor to decide what evidence is presented.
- Probable Cause Standard: Unlike a trial jury, a grand jury doesn’t decide guilt or innocence. Instead, they determine if there is “probable cause” to believe the accused committed the crime. This is a much lower standard than “beyond a reasonable doubt.”
- Limited Defense Representation: While the defense cannot be present in the room, experienced attorneys like Keith Gore can still play a pivotal role by preparing and submitting a grand jury packet to influence the jury’s decision.
Former chief judge of the New York State Court of Appeals, Sol Wachtler, famously remarked that prosecutors have so much influence over grand juries they could get them to “indict a ham sandwich.” This statement highlights the considerable power wielded by prosecutors during these proceedings. However, grand juries deliberate in secrecy and do not always follow the prosecutor’s recommendation to indict. This is precisely why strategic grand jury representation, like that offered by Gore Law, PLLC, can make all the difference.
What is a Grand Jury Packet?
A grand jury packet is a crucial tool in defending against charges of child sexual abuse. In Collin County, as in most North Texas counties, prosecutors may accept evidence or arguments from defense counsel for grand jury consideration. A well-crafted grand jury packet might include:
- Statements from witnesses refuting the allegations or attesting to the accused’s character.
- Supporting documentation such as text messages, emails, or other communications.
- Expert evaluations, including polygraph results, and psychological assessments showing the accused does not fit the profile of a sex offender.
- Letters of support from employers, teachers, or community leaders.
- School, employment, or military service records.
- A letter of non-prosecution signed by the complainant and/or the complainant’s parents or guardians. This document indicates that the complainant does not wish to pursue charges, which can significantly influence the grand jury’s decision-making process. While not legally binding, it provides important context for the allegations and may lead to a “no-bill” decision.
Each case is unique, and the strategy for assembling these materials depends on the specific circumstances of the accusations. At Gore Law, PLLC, we work closely with psychologists, private investigators, and other experts to ensure that every piece of evidence strengthens your defense.
Lesser Charges from the Grand Jury
It is important to remember that grand juries can indict on lesser charges than those initially brought by law enforcement. For example, a person arrested for aggravated sexual assault of a child might face a lesser indictment, such as sexual assault of a child (not aggravated) or indecency with a child. While all of these charges are serious, a reduction can provide a better starting point for a robust defense. Having an experienced attorney like Keith Gore can be critical in presenting evidence or arguments that encourage the grand jury to consider lesser charges, ultimately improving the client’s position.
Local Example: A Grand Jury Success Story in Collin County
In a recent case in Collin County, Keith Gore represented a client accused of indecency with a child by contact. After investigating the claims and gathering evidence, our firm prepared a compelling grand jury packet that included statements from key witnesses and psychological evaluations. The grand jury ultimately returned a “no bill,” sparing our client from an indictment and preserving their reputation.
Contact Gore Law, PLLC, Today
While every case is different, this example underscores the importance of swift and strategic action when facing these accusations. If you are facing a charge like indecency with a child, sexual assault of a child, continuous sexual abuse of a child, or any offense involving a minor, in McKinney, Plano, Frisco, Prosper, or anywhere in North Texas, call Gore Law, PLLC, today at 972-529-2220 or contact us online to schedule a confidential consultation. With proper representation, you can face the challenges ahead with confidence.
