Asked 7/12/2016 – Tyler, TX

I was charged with a class A misd Ass Fam Violence and sat in jail 8 months awaiting court. 8 months later I was indicted and charged with an Agg Ass Felony charge and now the misd doesn’t exist. What is the process that the State has to go through in order to charge you with a different charge than you were initially arraigned on? Does the misd have to be dismissed before being charged with the felony?

Answer

In order to be charged with a felony, the District Attorney will present evidence to a Grand Jury; it is the Grand Jury that makes the decision on whether to indict a case or not. Generally, misdemeanors are not presented to a Grand Jury, and the decision to file a misdemeanor case is made by the intake division of the District Attorney’s office. It is possible for both a felony and a misdemeanor charge arising out of the same transaction to be pending at the same time. The misdemeanor case will probably be put on hold until the felony is resolved and will probably dismissed if there is a plea or guilty finding on the felony.