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You’ve Been Indicted: Understanding Your Rights and Options in Texas
Hearing that you’ve been indicted is a moment of pure terror. The word itself carries a weight that can make your heart stop. You’re facing felony charges, and the immediate, overwhelming fear is of losing everything—your freedom, your family, your job, your future. At Attorney911, we understand this panic. As Legal Emergency Lawyers™ serving Houston, Austin, and Beaumont, we’ve been the first call for thousands of Texans facing this exact crisis. An indictment is not the end of your story; it is the beginning of a critical legal battle where your choices right now will define your future. This comprehensive guide, drawing on over 25 years of Texas criminal defense experience, will walk you through exactly what an indictment means, the proven pathways to avoid prison, and how a qualified defense attorney fights for your life and liberty.
What Does It Mean to Be Indicted in Texas?
An indictment is a formal accusation, issued by a grand jury, that you have committed a felony crime. In Texas, this means you are facing charges that carry a potential sentence of more than one year in a state prison facility, up to life imprisonment or even the death penalty for capital offenses. The grand jury process is secretive; you and your attorney are not present. The prosecutor presents evidence, and if the grand jury believes probable cause exists, they issue a “true bill” of indictment. This is not a finding of guilt—it is merely the mechanism that allows the state to formally charge you and proceed with a felony prosecution.
The immediate consequences extend beyond the courtroom. As Attorney Ralph Manginello explains in the transcript, the threat is to “your loss of freedom, possibly loss of your family, your job, your car, everything that you know.” An indictment becomes a public record. Employers may terminate you, professional licenses can be suspended, and your reputation in your Texas community can be shattered overnight. The psychological toll is immense. However, the most critical thing to remember, as Ralph emphasizes, is this: “Just because you’ve been indicted does not mean you’re guilty of a crime.” An indictment is the state’s opening argument, not the final verdict. Your right to fight back is enshrined in the Constitution, and with the right defense strategy, an indictment can be challenged, reduced, or even defeated entirely.
Your Fundamental Right to Fight: The Bedrock of Criminal Defense
The instinct after an indictment is often one of hopelessness. Many believe the system has already decided their fate. This is exactly what the prosecution hopes you’ll believe. In reality, an indictment initiates an adversarial process where your defense attorney’s skill, experience, and tenacity become your greatest assets. You have the absolute right to hire an attorney, to remain silent, to compel the state to prove its case beyond a reasonable doubt, and to present your own evidence and witnesses.
At Attorney911, led by Ralph Manginello, we approach every indictment with a fighter’s mindset. Ralph, admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, has spent decades in courtrooms across the state, from Harris County to Travis County, defending clients against the full weight of the government. His experience in complex federal and state litigation, including high-stakes cases like the BP Texas City explosion litigation, means he is not intimidated by powerful opponents. He knows that the facts and the law are not static; they are subjects of rigorous interpretation and debate. The first option is always to fight the charges as they stand.
Option 1: Challenging the Charges and Seeking a Lesser Offense
As Ralph notes, one potential pathway is that “maybe you were charged with a very serious felony. But in actuality, once the facts get sorted out in the law, you really committed some lesser offense.” This is a critical strategic insight. Texas law, particularly under statutes like Texas Penal Code § 12.44(a), allows for the reduction of certain felony punishments to misdemeanor-level penalties in the interest of justice. Furthermore, through pre-trial negotiations and motions, a skilled attorney can often persuade the district attorney’s office to amend the indictment or agree to a plea to a lesser-included offense.
For example, an indictment for Aggravated Assault with a Deadly Weapon (a second-degree felony) might, upon review of the evidence, be more accurately characterized as Simple Assault (a Class A misdemeanor). The difference is profound: a second-degree felony carries 2 to 20 years in prison, while a Class A misdemeanor carries up to one year in county jail. This re-evaluation doesn’t happen automatically. It requires an attorney who will conduct a microscopic examination of the police report, witness statements, forensic evidence, and applicable case law to find the weaknesses in the state’s theory. Our firm’s documented results in criminal cases, such as getting DWI charges dismissed due to faulty breathalyzer maintenance or missing evidence, demonstrate this exact principle in action. We don’t just accept the charges at face value; we deconstruct them.
Asserting Your Innocence and Preparing for Trial
The other scenario within this first option is straightforward: you are innocent. If you did not commit the crime, the goal is complete exoneration. This requires a defense built on affirmative evidence, alibis, forensic rebuttals, and attacking the credibility of the state’s case. “You’ll have to hire an attorney, tell them about what happened, and let them help you navigate the law and the facts,” Ralph advises. This navigation is complex. It involves filing pre-trial motions to suppress illegally obtained evidence, challenging the reliability of eyewitness identification, hiring independent experts, and conducting our own investigations.
Our team includes attorneys who are members of the elite Harris County Criminal Lawyers Association (HCCLA), giving us deep insight into local prosecutorial tendencies and judicial preferences. We prepare every case as if it is going to trial because that is the only way to force the state to take your defense seriously. As client Cassie Wright testified, “Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISMISSAL!” This result—a complete dismissal before trial—is the ultimate goal when defending innocence, and it is achieved through relentless preparation and advocacy.
Option 2: Deferred Adjudication in Texas – A Path to Dismissal
For many facing felony indictments, especially first-time offenders, deferred adjudication can be a lifeline. Ralph describes it in the transcript: “If you’ve never committed a crime before, or even if you have prior crimes, you talk to your lawyer, discuss those. And if you are eligible, sometimes the criminal defense attorney can talk to the district attorney’s office and make an agreement… you are pleading guilty for the crime under deferred adjudication, but you are allowed to be on probation.” This is a nuanced and powerful tool under Texas law (Texas Code of Criminal Procedure, Art. 42A.101).
Here’s how it works in practice: You enter a plea of guilty or nolo contendere (no contest) to the judge. Instead of pronouncing a sentence of guilt and imposing punishment, the judge defers the adjudication of guilt and places you on community supervision (probation) for a set period, which can be up to 10 years for a felony. If you successfully complete all the terms of your probation—which may include community service, fines, counseling, and regular meetings with a probation officer—the judge will dismiss the case against you, and you will have no final conviction on your record. This is a monumental difference from straight probation.
Eligibility is key. Certain serious offenses, like those involving deadly weapons or specific violent crimes, may not be eligible. This is where an attorney’s negotiation skills are paramount. We leverage our relationships with prosecutors across Texas and our understanding of what arguments resonate to advocate for deferred adjudication for our clients. For instance, in a documented case result, Attorney911 successfully arranged deferred adjudication for a client facing “5 to 99 years” for a large quantity of illegal drugs found in his home. By identifying critical weaknesses in the state’s case, we secured an outcome that kept him out of prison and offered a path to a clean record. The stakes of probation are high, as Ralph warns: “if you screw up, you may go to prison.” Violating probation terms can lead the judge to proceed to an adjudication of guilt and impose the full prison sentence originally available. Our role continues through probation, ensuring you understand every requirement and helping you navigate any potential issues.
Option 3: Straight Probation (Community Supervision)
If deferred adjudication is not available or appropriate, straight probation, formally known as community supervision, is another alternative to incarceration. As Ralph outlines, this involves entering a plea agreement where you plead guilty to the indictment, but the judge suspishes the imposition of the prison sentence and places you on probation. “You’d be out of prison, but you would still be guilty of the crime and still be on your record.” This is a crucial distinction from deferred adjudication. A final conviction will appear on your permanent criminal record, which can affect employment, housing, and professional licensing long after your probation ends.
This option is often pursued when the evidence of guilt is strong, but mitigating factors—such as your lack of criminal history, your standing in the community, employment, family responsibilities, and genuine remorse—argue for mercy. A persuasive plea packet prepared by your attorney, highlighting these factors, is essential. We craft these presentations to tell your whole story, not just the story of the alleged crime. We demonstrate to the judge and prosecutor that you are, as Ralph says, “an upstanding member of society” who made a mistake but does not pose a future danger.
The conditions of felony probation in Texas are stringent and typically last between 2 and 10 years. They can include mandatory drug testing, curfews, travel restrictions, and prohibitions on associating with certain people. Again, the consequence of violation is severe: the judge can revoke your probation and send you to prison to serve the original sentence. Having an attorney like those at Attorney911 means having an advocate who will ensure you fully comprehend every condition and who will stand with you if any alleged violation occurs. Our firm’s compassionate yet rigorous approach is why clients like Glenda Walker say, “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” While she spoke of a personal injury matter, that same dedicated advocacy defines our criminal defense practice.
Option 4: Taking Your Case to Trial
When the state’s offer is unjust, or you maintain your innocence, the final and most fundamental option is to exercise your right to a trial by jury. “If the state has charged you with something and the options are… you either plead guilty or you go to trial on it because you didn’t do it or you have evidence that… refutes the state’s evidence, you can always go to trial,” Ralph states. A trial is a complex, high-stakes undertaking, but it is the cornerstone of our justice system. At Attorney911, we are trial attorneys. We prepare every case with the assumption it will be tried, because that level of preparation gives us maximum leverage in negotiations and ensures we are ready if no fair agreement can be reached.
Going to trial in a Texas felony case involves jury selection (voir dire), opening statements, the state’s presentation of evidence, cross-examination of their witnesses, presentation of the defense case, closing arguments, and jury deliberation. The burden is entirely on the state to prove every element of the crime beyond a reasonable doubt. Our job is to create that doubt through masterful cross-examination, persuasive presentation of alternative theories, and clear, compelling storytelling. Ralph Manginello’s federal court experience and history with complex litigation mean he is adept at organizing vast amounts of evidence and presenting it in a way that is understandable and persuasive to a jury of your peers.
The decision to go to trial is never taken lightly. We will give you our honest, experienced assessment of the risks and rewards. But when it is the right path, we fight without reservation. Our active litigation of a $10 million lawsuit against the University of Houston and a fraternity (Bermudez v. Pi Kappa Phi Fraternity, Inc.) demonstrates our willingness to take on powerful institutions and fight complex battles in the courtroom. Whether facing the state of Texas or a large corporation, our commitment to our clients is absolute.
Why Attorney911 Is Your Strategic Partner After an Indictment
Facing an indictment requires more than just a lawyer; it requires a strategic partner with the experience, resources, and proven will to fight for you. Here is what sets Attorney911 apart as your Legal Emergency Lawyers™ in Texas:
Decades of Texas Courtroom Experience
Ralph Manginello is not a behind-the-scenes administrator; he is a lead trial attorney with over 25 years of hands-on experience in Texas courtrooms. Admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, he has handled everything from DWI dismissals to multi-million dollar personal injury settlements and complex commercial litigation. His involvement in the BP Texas City explosion litigation is a testament to his capability in cases of the highest complexity and stakes. When you hire Attorney911, you are hiring Ralph’s direct experience and oversight.
Insider Knowledge of the Prosecution’s Playbook
While our criminal defense practice is spearheaded by Ralph, our firm’s overall strategic advantage includes the insider perspective of Associate Attorney Lupe Peña. Lupe spent years working at a national defense firm, learning firsthand how large insurance companies and opposing counsel build their cases, value claims, and employ tactics to minimize payouts. This mindset is directly transferable to criminal defense, where understanding how the prosecution builds its case, what evidence they prioritize, and how they negotiate is invaluable. We know their strategies because we’ve seen them from the other side.
A Record of Documented Results
We don’t just make promises; we have a record of results. In criminal defense, this includes:
- Getting DWI charges dismissed due to improper breathalyzer machine maintenance.
- Securing a dismissal on the day of trial for a DWI case where the state had no breath test, no blood test, and missing hospital notes.
- Arranging deferred adjudication for a drug case where the client originally faced 5 to 99 years in prison.
- Obtaining an “off-docket dismissal” and probation for clients, as reflected in our client testimonials.
These results require an aggressive, detail-oriented approach that defines our firm.
Client-Centered Communication and Compassion
An indictment is a personal crisis. You are not just a case file. Our 251+ Google reviews with a 4.9-star rating consistently highlight our commitment to communication and care. Clients like Brian Butchee note, “Melanie was excellent. She kept me informed and when she said she would call me back, she did.” Paralegal Leonor (Leo) is mentioned over 80 times for her supportive and effective case management. As Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We have built a team, including bilingual staff like Zulema, that ensures you are supported and informed at every step.
Statewide Reach with Local Expertise
Based in Houston, we serve clients across Texas, with a focus on Harris, Montgomery, Fort Bend, Brazoria, Galveston, Travis, Williamson, Jefferson, and Orange Counties. We understand the local nuances of courts in Houston, Austin, and Beaumont. Our deep Texas roots—Ralph was raised in Houston’s Memorial area, Lupe is a third-generation Texan from Sugar Land—mean we are fighting for our community.
Immediate Steps to Take if You Have Been Indicted
Time is of the essence. Evidence can degrade, memories fade, and procedural deadlines loom. Here is your action plan:
- Exercise Your Right to Remain Silent: Do not discuss your case with anyone except your attorney. This includes phone calls from jail, conversations with family, and especially any contact from law enforcement or prosecutors.
- Secure Legal Representation Immediately: Contact a qualified Texas criminal defense attorney. The earlier we are involved, the more effectively we can investigate, file pre-trial motions, and begin building your defense.
- Document Everything: Write down everything you remember about the incident leading to the charges, including witnesses, times, and locations. Preserve any potential evidence, such as text messages, emails, or photographs.
- Call Attorney911: Our legal emergency line, 1-888-ATTY-911 (1-888-288-9911), is answered by our team. We offer a free, confidential consultation to review your indictment and outline your options. We handle cases on a contingency fee for personal injury matters, and we will discuss our fee structure for criminal defense transparently during your consultation.
Remember, an indictment is a serious allegation, but it is not a conviction. Your future is still yours to fight for. With the right legal team, you can navigate this nightmare and work toward the best possible resolution. As Houston’s own Trae Tha Truth has recommended our firm, you can trust that we are deeply embedded in and trusted by the community we serve.
Frequently Asked Questions About Texas Indictments
What is the difference between being charged and being indicted?
Being “charged” can occur through a prosecutor filing a complaint or information (typically for misdemeanors) or through an indictment by a grand jury (for felonies). An indictment is the formal method for initiating felony proceedings and requires a grand jury to find probable cause that you committed the crime.
How long after an indictment do you go to court?
After an indictment is filed with the court, you will be formally arraigned—brought before a judge to hear the charges and enter a plea. This typically happens relatively quickly, often within a few weeks. Your attorney will ensure you are prepared for this crucial first court appearance.
Can an indictment be dropped?
Yes. A prosecutor can file a motion to dismiss the indictment, often called a nolle prosequi. This can happen if new evidence exonerates you, if critical witnesses become unavailable, or if your defense attorney successfully convinces the prosecution that their case is too weak to proceed. We pursue every avenue to achieve a dismissal.
What happens at a grand jury in Texas?
The grand jury is a secret proceeding. The prosecutor presents evidence and witnesses, but the defendant and their attorney are not present and cannot cross-examine witnesses. The grand jury only decides if there is probable cause to believe a crime was committed and that you committed it. It requires 9 of 12 grand jurors to vote for an indictment.
If I take a plea deal for probation, will I have a felony record?
It depends on the type of plea. With deferred adjudication, successful completion results in a dismissal and no final felony conviction on your record. With straight probation, you have a final felony conviction that will remain on your permanent record, though you may be eligible for non-disclosure or expungement years later under certain conditions.
Why should I choose Attorney911 over a public defender?
While public defenders are dedicated professionals, they are often burdened with extremely high caseloads. A private firm like Attorney911 can dedicate substantially more time, resources, and individualized attention to your case. We have the freedom to hire independent investigators and expert witnesses, and we provide direct access to your attorney and a dedicated case manager like Leonor. Our focus is solely on you and your defense.
If you or a loved one is facing the terror of a felony indictment in Texas, do not wait. The choices you make now will echo for years. Call the legal emergency lawyers at Attorney911 today at 1-888-ATTY-911 for your free, confidential case evaluation. Let our experience be your advantage. Visit us online at attorney911.com. We are here to fight for you.
Frequently Asked Questions
What is the difference between being charged and being indicted?
Being ‘charged’ can occur through a prosecutor filing a complaint (often for misdemeanors) or an information. An indictment is specific to felonies and requires a grand jury to find probable cause, making it a more formal and serious step in the prosecution process.
How long after an indictment do you go to court?
After an indictment is filed, you will be scheduled for an arraignment, typically within a few weeks. At this hearing, you formally hear the charges and enter a plea of guilty or not guilty with your attorney by your side.
Can an indictment be dropped?
Yes, a prosecutor can file a motion to dismiss an indictment. This often happens if new evidence emerges, key witnesses become unavailable, or a defense attorney successfully demonstrates fatal weaknesses in the state’s case before trial.
What happens at a Texas grand jury proceeding?
A grand jury is a closed-door proceeding where only the prosecutor presents evidence. The defendant and their lawyer are not present. The grand jury’s sole job is to determine if probable cause exists to believe a crime was committed; they do not determine guilt.
If I take a plea deal for probation, will I have a felony record?
It depends. With deferred adjudication, successful completion of probation leads to a dismissal and no final conviction. With straight probation, you receive a final felony conviction that remains on your permanent record, though sealing or expungement may be possible later under strict conditions.
Why choose a private attorney like Attorney911 over a public defender?
Private firms like Attorney911 can dedicate more time, resources, and personalized attention to your case. We can hire independent experts and investigators, and you get direct access to your attorney and a dedicated case manager, ensuring a robust, tailored defense.
