Can the procecutor change the indicted charge without going back to the grand jury

I am working on an appeal in Texas. In this case the grand jury indicted the defendant on solicitation of capital murder. Three weeks before the trial the prosecutor changed the indicted charge to say the defendant entered the garage and shot the victim for remuneration/or promise of remuneration. How much can the prosecutor change the indictment without going back to the Grand Jury?

Asked on June 9, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can go to a lesser version of the same basic charge--e.g. from capital murder to attempted capital murder; or from capital murder to, say, manslaughter--without having to re-indict. They could go to a wholly different charge, such as from murder to burglary.

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