My boyfriend was charged with domestic assault in the state of Texas and was released on bond in the month of August. He just received his notice for the Grand Jury hearing his case. It says in the notice that he is allowed to to give a testimony but he needs an attorney to do all the communications for him to get that set up. We are not sure as to if he should request to give a testimony.
I as the victim wasn't mailed a subpoena and in the police record there was no evidence, I didn't give a statement and there was no witnesses.
So what I'm curious is if the Grand Jury would even indict him without any evidence?
Do we need an attorney?
Should he request to give a testimony?
Answer
A grand jury need not hear evidence from anyone. The prosecutor can simply tell them what is in the police report and they can indict.
YES, he needs a lawyer. Whether or not he should testify depends on the advice his lawyer gives to him.
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