Texas Commission on Law Enforcement (TCOLE) Practice Exam

What document is needed from the Grand Jury for a felony case to proceed?

1. Warrant

2. Indictment

3. Affidavit

4. Subpoena

The correct answer is: Indictment

For a felony case to proceed in Texas, an indictment is required. An indictment is a formal charge or accusation of a serious crime, issued by a grand jury after they have reviewed the evidence presented by the prosecution. This process serves as a critical step in ensuring that there is sufficient evidence for the case to move forward in court. The requirement of an indictment for felonies is rooted in constitutional protections, ensuring that a person cannot be charged with a serious crime without first having the evidence assessed by a group of peers. This requirement reflects the legal principle of due process, providing a safeguard against unjust prosecution. In contrast, a warrant is typically used to authorize law enforcement to conduct searches or make arrests, but it does not serve the purpose of formally charging an individual with a crime. An affidavit is a sworn statement of fact used in court proceedings, and while it can be part of the initial investigation, it is not sufficient to proceed with felony charges. A subpoena is a legal document ordering someone to attend a court proceeding or produce evidence, but again, it does not constitute a formal charge necessary for felony prosecution. Thus, the indictment is the essential document that allows a felony case to advance through the judicial system.