A written instrument presented to a court by a grand jury that charges a person with the commission of an offense — required for felony prosecutions in Texas absent waiver An indictment is the grand jury's formal charging instrument; a defendant must be indicted to be tried for a felony unless he waives indictment in open court (then prosecution by information).

Code of Criminal Procedure · Art. 21.01

Procedure

Procedure is covered under Art. 21.01 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Returned by grand jury; Filed in district court; Charges felony offense (or waivable to information).

Elements you must prove

Returned by grand jury
Filed in district court
Charges felony offense (or waivable to information)

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Worked examples

Worked example 1

An 'indictment' is:

Filed by police
A written instrument presented to a court by a grand jury that charges a person with the commission of an offense — required for felony prosecutions in Texas absent waiver Correct
An oral statement of charges
Issued by the magistrate

Why: An indictment is the grand jury's formal charging instrument; a defendant must be indicted to be tried for a felony unless he waives indictment in open court (then prosecution by information).

Statute: Tex. Const. art. I §10; Tex. Code Crim. Proc. art. 21.01

Statutory definitions for this topic

Indictment Tex. Const. art. I §10; Tex. Code Crim. Proc. art. 21.01: A written instrument presented to a court by a grand jury that charges a person with the commission of an offense. Required for felony prosecutions in Texas absent waiver.