Asked 8/2/2016 Glen Rose, TX

A friend is accused of a felony offense in a Texas county. However, there exists employment records, alibi witnesses with whom he worked & lived, as well as Parole records that would place him in another county (more than 100 miles away — noting that the accused also did not have his own transportation) at the time on or around the date of the alleged offense. At the present time, we believe the DA’s case relies solely on a local witness (who is also separately charged for the offense, along with two others) claiming my friend was present and participated in the offense. Note: One of the separately charged persons on this case has also stated for the record with investigators that my friend was in fact NOT present — thereby contradicting the statement of the accusing witness/defendant.

In addition to the question regarding the accused appearing before the Grand Jury, what obligations does the DA’s office have in so far as offense-negating evidence and statements?

Answer

A defendant does NOT have the right to appear before a Grand Jury to present evidence. It is possible for a defendant to prepare evidence and submit same, but the indictment still stands even if the defendant did not have the notice or opportunity to present the evidence.