Code of Criminal Procedure · Art. 21.01

Indictment

Indictment (Art. 21.01): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Written statement of a grand jury accusing a named person of an act or omission that is an offense
  • Presented to a court with jurisdiction of the offense
  • Required for felonies unless the defendant waives indictment

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Worked examples

Worked example 1

An 'indictment' is:

  1. Filed by police
  2. 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
  3. An oral statement of charges
  4. 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, represented by counsel, he waives indictment in open court or in writing, which is not allowed for a capital felony (art. 1.141; prosecution is then by information).
Statute: Tex. Const. art. I §10; Tex. Code Crim. Proc. art. 21.01; art. 1.141

Statutory definitions for this topic

Indictment Tex. Const. art. I §10; Tex. Code Crim. Proc. art. 21.01; art. 1.141
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 unless a defendant represented by counsel waives indictment for a non-capital felony (art. 1.141).