What Happens after a Felony Indictment?

Getting indicted for a felony is like stepping off a cliff in the dark — you know something bad is coming, you just don’t know when you’ll hit bottom. Can you beat the charge? Is probation available? Will you do years in prison? One minute you’re living your life, and the next, a grand jury has decided there’s enough evidence to formally charge you with a serious crime. That uncertainty alone can be overwhelming.

So, what happens after a felony indictment? While every case is different, the general process looks like this:

Arraignment and entering your plea
Setting bail and release conditions
Discovery and evidence review
Pre-trial motions and negotiations
Possible plea bargain discussions
Trial preparation or resolution

The truth is, a felony indictment is serious, but it’s not a conviction. The prosecutor still has to prove their case beyond a reasonable doubt, and with the right defense strategy, you have a real chance to fight these charges.

Mark Thiessen is a Houston criminal lawyer and an awarded Super Lawyer who has secured 140+ Not Guilty verdicts for clients facing serious criminal charges. If you or a loved one has been indicted for a felony, don’t wait to build your defense.

Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting back.

What is a felony indictment in Texas?

A felony indictment in Texas is a formal written accusation issued by a grand jury stating that there’s probable cause to believe you committed a felony. Here’s how it works: a prosecutor presents evidence to a grand jury (usually 12 citizens), and if at least nine of them agree there’s enough evidence, they’ll issue an indictment. This moves your case from the investigation phase into the formal prosecution phase.

Does indictment mean you’re going to jail? Not necessarily. An indictment doesn’t mean you’re automatically going to jail — it means you’re being formally charged and will need to go through the court process. You may be arrested (if you haven’t been already), but many people are released on bail while their case is pending.

Is an indictment more serious than a charge? Yes, generally speaking. The key difference between an indictment vs. a charge is that an indictment is a specific type of formal charge that applies to felonies and requires grand jury approval, while “charge” is a broader term that can refer to any criminal accusation, including misdemeanors filed by prosecutors without grand jury involvement.

The fact that a grand jury has reviewed your case and decided to indict you means you’re facing felony-level charges, which carry much more serious penalties than misdemeanors.

“You can indict a ham sandwich,” meaning

Ever heard the phrase “you can indict a ham sandwich”? There’s a reason that saying exists. When a grand jury is considering whether to file an indictment, your defense lawyer isn’t allowed in the room, and they can’t present any evidence on your behalf. It’s entirely one-sided — the prosecutor puts on whatever evidence they want with no one there to challenge it or argue against it.

So, honestly, if prosecutors wanted to name a ham sandwich “Bob Smith” and present evidence that Bob Smith committed terrible crimes, the grand jury would have no reason to doubt it and would literally indict that ham sandwich for any crime the DA asked for. This is why an indictment alone doesn’t mean nearly as much as people think — it just means one side of the story was persuasive enough when there was no one there to tell the other side.

What to expect from the felony indictment process:

You’ll attend an arraignment where you’ll enter your plea

The arraignment is your first formal court appearance after being indicted, and it typically happens within a few days to a couple of weeks after the indictment. During this hearing, the judge will read the charges against you, explain your rights, and ask how you plead: guilty, not guilty, or no contest.

This isn’t the time to try to explain your side of the story or argue your case — it’s simply a procedural step to get your plea on record. Most defendants plead not guilty at arraignment, even if they’re considering a plea deal later, because this preserves all of their options moving forward.

Here’s what many people don’t realize: your arraignment is critical for setting the tone of your case. The judge will see you for the first time, which means showing up on time, dressed appropriately, and with legal representation matters. If you’re facing serious felony charges in Texas, like felony DWI or aggravated assault in Texas, having an experienced attorney at your side from day one shows the court you’re taking this seriously.

Your lawyer can also address any immediate concerns about bail or release conditions during this hearing, rather than leaving you sitting in jail longer than necessary.

The court will set your bail and any conditions for release

Bail is the amount of money you’ll need to post to get out of jail while your case is pending, and the judge determines this amount based on several factors:

The severity of your charges
Your criminal history
Your ties to the community
Whether you’re considered a flight risk

For felony drug charges in Texas, bail can range anywhere from a few thousand dollars to hundreds of thousands, depending on the amount and type of drug involved. The judge will also impose conditions of release, which might include drug testing, electronic monitoring, travel restrictions, or orders to stay away from certain people or places.

If the bail amount is set too high for you to afford, your attorney can file a motion for bail reduction and argue why a lower amount is appropriate. If you can’t post bail at all, you’ll remain in custody until your case is resolved, which puts you at a serious disadvantage — it’s harder to help your attorney build your defense when you’re behind bars, and prosecutors know that defendants in jail are more likely to accept unfavorable plea deals just to get out.

Your attorney will review all evidence through discovery

Discovery is the process where your attorney gets to see all the evidence the prosecution plans to use against you. This includes:

Police reports
Witness statements
Lab results
Video footage
Audio recordings
Anything else the state has collected

In Texas, prosecutors are required to turn over this evidence, but that doesn’t mean they always do it willingly or quickly. Your attorney will need to push for everything you’re entitled to see, and in some cases, file motions to compel the prosecution to hand over evidence they’re trying to withhold. This is where having the best DWI lawyer in Houston — or an experienced criminal defense attorney for any felony charge — makes all the difference.

A good lawyer doesn’t just read the police report and accept it at face value. They’ll scrutinize every piece of evidence for inconsistencies, procedural errors, and constitutional violations. They’ll interview witnesses themselves, hire expert witnesses if needed, and look for holes in the prosecution’s case that can be exploited. The discovery phase is where your defense strategy actually gets built, and rushing through it or missing critical details can cost you your freedom.

Your lawyer will file pre-trial motions and negotiate with prosecutors

Pre-trial motions are legal arguments filed by your attorney to challenge evidence, dismiss charges, or otherwise improve your position before trial. Common motions include:

Motions to suppress evidence (arguing that certain evidence was obtained illegally and shouldn’t be allowed at trial)
Motions to dismiss (arguing that the charges should be thrown out entirely)
Motions for speedy trial (forcing the prosecution to move your case forward or drop it)

At the same time, your lawyer should be negotiating with prosecutors behind the scenes. This doesn’t mean you’re giving up or admitting guilt; it means your attorney is exploring all possible outcomes and gathering information about what the state is willing to offer. Sometimes prosecutors will agree to reduce charges, recommend lighter sentences, or even dismiss the case entirely if your attorney can point out weaknesses in their evidence.

How long after indictment is trial? It varies widely, but felony cases in Texas can take anywhere from several months to over a year to go to trial, which gives your attorney plenty of time to file motions and negotiate from a position of strength.

The prosecution may offer a plea bargain

A plea bargain is an agreement where you plead guilty or no contest to reduced charges (or the original charges with a lighter sentence recommendation) in exchange for avoiding trial. Prosecutors offer plea bargains because they want guaranteed convictions without the time and expense of a trial, and they’ll often make their best offers when they know their case has weaknesses. But here’s the thing: not all plea deals are good deals, and accepting one means giving up your right to fight the charges at trial.

Your attorney’s job is to evaluate any plea offer against the strength of the prosecution’s case and your chances at trial. If the evidence against you is weak, taking a plea deal might be a mistake. The key is having an attorney who won’t pressure you to take the first offer that comes along, and who’s actually prepared to take your case to trial if that’s what’s best for you.

Your case will either go to trial or reach a resolution

If you and your attorney decide not to accept a plea deal, your case will go to trial. At trial, the prosecution must prove every element of the charges against you beyond a reasonable doubt — a much higher standard than the probable cause needed for an indictment.

You have the right to a jury trial, in which the jury must unanimously agree that you’re guilty, or you can choose a bench trial where a judge decides. Your attorney will present your defense, cross-examine the state’s witnesses, challenge their evidence, and argue why the prosecution hasn’t met their burden of proof.

The other possible resolution is that your case gets dismissed before trial. This can happen if your attorney successfully files a motion to dismiss, if key evidence gets suppressed and the prosecution can’t proceed, or if prosecutors decide they can’t win and drop the charges voluntarily.

Felony indictment — FAQs

How long do they have to indict you on a felony?

In Texas, prosecutors generally have to indict you within the statute of limitations for your specific crime, which varies depending on the offense. For most felonies, the statute of limitations is three years, though some serious crimes like murder have no time limit. If you’ve already been arrested, prosecutors typically have to present your case to a grand jury within 90 days, or you may be entitled to release from custody.

Can charges be dropped after an indictment?

Yes, charges can absolutely be dropped after an indictment. This can happen if your attorney uncovers evidence that undermines the prosecution’s case, if key witnesses become unavailable or change their stories, or if constitutional violations occurred during the investigation. Prosecutors can also dismiss charges if they realize they can’t prove their case beyond a reasonable doubt at trial.

Can charges be added after indictment?

Yes, prosecutors can add additional charges after the initial indictment through a superseding indictment. This often happens when new evidence emerges during the discovery process or when prosecutors realize they didn’t charge you with all applicable offenses initially. However, any new charges must still go through the grand jury process and be supported by probable cause.

The prosecutors think they’ve got you? Think again — call Thiessen Law Firm.

Now you know what happens after a felony indictment — but knowing the process and actually beating your charges are two very different things. The prosecution has already convinced a grand jury to indict you, and they’re going to fight hard to get a conviction. You need someone in your corner who fights harder.

Mark Thiessen and Thiessen Law Firm have secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious felony charges. We don’t back down from tough cases, and we don’t settle for bad plea deals just because it’s easier. When your freedom is on the line, you need attorneys who are willing to take your case to trial and win.

Your future is worth fighting for. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for aggressive defense that gets results.

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Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.

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