Grand Jury vs Petit Jury in Texas — What's the Difference?
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Key distinctions
| Feature | Grand Jury | Petit (Trial) Jury |
|---|---|---|
| Purpose | Determine probable cause for felony indictment | Decide guilt/innocence at trial |
| Size | 12 in Texas (some states 23) | 12 for felony; 6 for misdemeanor/civil typically |
| Standard | Probable cause (less than beyond reasonable doubt) | Beyond reasonable doubt (criminal) |
| Service length | 3-6 months typically; specific days/week | 1 day to weeks depending on case |
| Setting | Closed; secret proceedings | Open public courtroom |
| Defendant presence | No (typically) | Yes — required |
| Defense attorney | No | Yes |
| Evidence rules | Relaxed — hearsay admissible | Strict Texas Rules of Evidence |
| Vote required | 9 of 12 in Texas | Unanimous (criminal); 5/6 (civil typically) |
| Outcome | "True bill" (indict) or "no bill" | Guilty, not guilty, or hung |
Texas grand jury function
- Texas Code of Criminal Procedure Chapter 19-20. Governs Texas grand juries
- Felony cases only. Texas requires grand jury indictment for felonies (some exceptions)
- Misdemeanors don't require grand jury. Filed by information
- Determines probable cause. Whether evidence supports charges proceeding
- Reviews evidence presented by prosecutor
- Issues indictments ("true bills")
- Declines indictment ("no bills")
- Investigates separately sometimes
- Subpoena power
Texas petit jury function
- Texas Code of Criminal Procedure Chapter 35-36. Governs Texas trial juries
- Civil and criminal cases
- Decides facts of case
- Applies law as instructed by judge
- Renders verdict
- 12 jurors for felony (Texas)
- 6 jurors for misdemeanor and civil typically
- Unanimous verdict required criminal
- 5/6 verdict required civil typically
- Hung jury possible
Grand jury process
- Selection. Texas CCP §19.01 — grand jurors selected by jury commission
- Swearing in. 12 grand jurors
- Foreperson selected
- Schedule. Typically specific days each week for 3-6 months
- Cases presented by prosecutors
- Witnesses examined
- Evidence reviewed
- Deliberation. Closed door discussions
- Vote. 9 of 12 required
- True bill or no bill issued
Why distinctions matter
- Criminal defendants face two jury hurdles. Grand jury indictment + petit jury trial
- Different standards of proof. Probable cause vs beyond reasonable doubt
- Different procedures. Defendants not typically present at grand jury
- "True bill" makes case proceed. "No bill" ends case usually
- Grand jury secrecy. Texas Penal Code §38.13 — disclosure offense
- Different jury duty service. Length and pattern
- Different jury pool sometimes
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's the difference between grand jury and petit jury?
Grand jury: 12 members, probable cause standard, closed proceedings, indicts felonies. Petit (trial) jury: 12 for felony / 6 for misdemeanor and civil, beyond reasonable doubt standard, open courtroom, decides guilt/innocence at trial.
How many people on a Texas grand jury?
12 grand jurors in Texas. 9 of 12 must vote in favor for indictment. Texas Code of Criminal Procedure Chapter 19. Different from federal (23 grand jurors with 12 required for indictment).
Are Texas grand jury proceedings public?
No — closed, secret proceedings. Texas Penal Code §38.13 makes disclosure of grand jury proceedings a separate criminal offense. Defendant typically not present; no defense attorney. Prosecutor presents evidence in closed session.
Who serves on a Texas grand jury?
Same eligibility as petit jury (U.S. citizen, 18+, Texas/county resident, qualified voter, etc.). Texas CCP §19.01 — selection by jury commission appointed by judge. Service typically 3-6 months on specific days each week.
Can grand jury indict without enough evidence in Texas?
Theoretically possible but rare. Grand jury can issue "no bill" if evidence insufficient. Standard is probable cause — lower than trial standard. Grand juries typically follow prosecutor recommendations. Defendants sometimes get unexpected "no bills" with strong defense presentation.
