Houston: Don't bring a toy gun to a gun fight

[Bob in Big D]

Based on the news article this really seems like a waste of time and money to present this to a grand jury. I realize it is sop but I would think the DA would know, based on the evidence that this will be no-billed.

I think you answered your own question. It is S.O.P.

I don't know that it's so much a waste of money. The cops and prosecutors are on salary, and the grand jurors are paid a pittance.

OTOH, when a man is killed, maybe it's better to have uninvolved citizens look at the event. In the bad old days, there were people who got a free pass to commit crimes because the sheriff, police chief, or DA would look the other way. This happened a lot with drunk driving, including DWI fatalities. Also bar fights and romantic triangles.

Does the clerk need to lawyer up when his case is presented to a Grand Jury?

I don't know.

If I were involved, I wouldn't need Ex-Lax—that's for sure. But a defense attorney can't do much until you are actually accused of a crime. Attorneys are not allowed when witnesses are called to answer questions in front of a grand jury, though as I understand it, a witness can leave the room to consult with his lawyer before answering a specific question.

- Jim

Good point on the first part!
On the lawyer question from the answers it would seem to be a good idea to have one as soon as you can get one! Assuming you can afford one.
Thanks!!

[Wimpy]

It's my understanding that all firearms related cases, even self defense inside your own home, are now presented to the grand jury which on average takes only a few minutes to decide true bill or no bill. Then there is always the likelihood of civil litigation. I would want an attorney involved from the moment I had to exercise my right to defend myself to guide me through the legal system no matter how right I thought my actions were. That is why I signed up with _______________

[Keith B]

It's my understanding that all firearms related cases, even self defense inside your own home, are now presented to the grand jury which on average takes only a few minutes to decide true bill or no bill. Then there is always the likelihood of civil litigation. I would want an attorney involved from the moment I had to exercise my right to defend myself to guide me through the legal system no matter how right I thought my actions were. That is why I signed up with ______.

There is little likelyhood of civil litigation if a shooting is ruled justified in Texas. The state statutes say:

CIVIL PRACTICE AND REMEDIES CODE
CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

So, while they may try to sue, no lawyer worth their salt is going to take the case if there is no chance of getting a settlement.