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Grand Jury Transfers to Misdemeanor Court

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May 14, 2003, 16:53
Michael Mark
Grand Jury Transfers to Misdemeanor Court
In Liberty County, our Grand Jury will sometimes transfer felony cases to misdemeanor court rather than no bill them. Where can this provision be found in TCCP and must the vote be at least 9 to transfer, like a true bill, or a simple majority to transfer such as 8-4 or 7-5?
May 14, 2003, 17:09
Tuck
We usually let the Grand Jury indict the misdemeanor and file the indictment with the county Clerk
May 15, 2003, 08:01
JB
A Grand Jury can true bill or no bill. That's it.

If a grand jury indicts a case as a misdemeanor, rather than as a felony, the law requires the District Court to transfer the case to a county court at law, unless it is a crime involving official misconduct.

Sometimes, a grand jury will signal that it prefers that the case be handled as a misdemeanor without taking an official vote on the felony. If they indicate the misdemeanor is the right way to go, then we simply arrange for the case to be refiled as a misdemeanor and dismiss the felony.

But I'm not aware of any law that permits a grand jury to order a case to be transferred.