Mimi, we can go look up and copy-and-paste statutes all day (your example above does not apply btw because it is about federal grand juries, not state). And statutes can tell us how the process CAN work. But they don’t tell us how the process DOES work, in actual practice. And as someone who lives in Texas, I can tell you that in actual practice, the grand jury indictment comes AFTER arrest.
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MPD, if and when they come up with a likely suspect, will then go about establishing probable cause. If and when they believe they have it (and they will probably have the DA review their evidence to get agreement), they will then prepare the arrest warrant, have a judge sign it (so now they have the DA and a judge agreeing that there is probable cause), and then go arrest the suspect. When they’ve followed the steps in that order, the grand jury indictment is a slam dunk.
So all this grand jury talk is a waste of space, IMHO. People don't need to hold their breath thinking some magic is going to come out of the process of a GJ being in session. All they are doing is rubber-stamping the hundreds and hundreds of felony arrests that have taken place since the last time they were in session. A grand jury just really isn't that grand.
Respectfully snipped for space. RBBM
Went out to eat and this was still on my mind. Respectfully, it is your opinion of how it works but that is not how the Texas Statute states. And we (Public) do not know if the DA has went to the GJ and/or whether an Indictment has been handed down. I know this from reading the Statutes. And where you state that "I can tell you that in actual practice, the grand jury indictment comes AFTER arrest.", JMHO IF that is what is happening, then its not following the law. Maybe that just your opinion, not sure. But according to Code of Criminal Procedure, the GJ is Secret, if an Indictment is prepared, and the "Suspect -in this case" has not been arrested, that Indictment can Not be entered/recorded made public until the capis has been served and the Suspect is placed in custody or under bond. That means, that the Indictment came before the arrest, not after. And public would not know about it even though an Indictment is prepared, and then the capis served and "Suspect-in this case" is arrested, THEN it would be made public. JMHO for all we know this could have happen and the capis just not served /arrest yet THEN we (public) would be aware.
Again, not trying to argue, just have a discussion. As I do not think it is a waste of space, but informative to others like myself, following the case to know various things that can and will eventually happen. Hopefully soon.
Art. 23.01. DEFINITION OF A "CAPIAS". In this chapter, a "capias" is a writ that is:
(1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and
(2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.23.htm
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY
Art. 20.21. INDICTMENT PRESENTED. When the indictment is ready to be presented, the grand jury shall through their foreman, deliver the indictment to the judge or clerk of the court. At least nine members of the grand jury must be present on such occasion.
Art. 20.22. PRESENTMENT ENTERED OF RECORD. (a) The fact of a presentment of indictment by a grand jury shall be entered in the record of the court, if the defendant is in custody or under bond, noting briefly the style of the criminal action, the file number of the indictment, and the defendant's name.
(
b) If the defendant is not in custody or under bond at the time of the presentment of indictment, the indictment may not be made public and the entry in the record of the court relating to the indictment must be delayed until the capias is served and the defendant is placed in custody or under bond. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.20.htm
for the most part. Interesting process. I still bet they have sealed indictments on more of a regular course of business than one would think. Sheer number of people/felonies in state of Tx, but they have that provision JMHO it's to keep someone for running or destroying evidence. JMHO
