who determines if there is sufficient evidence for the state to prosecute someone for a crime?
In Texas, a charge for a felony indictment comes from the grand jury. If the grand jury determines there is sufficient evidence to charge the defendant, an indictment is issued. If the grand jury determines there are inadequate grounds for prosecution, a no bill is issued. A no bill means there is insufficient evidence to prosecute someone. When a no bill is issued, the defendant is released from custody. If the grand jury determines there is sufficient evidence to prosecute, then a true bill is issued, and the defendant remains in custody or on bond pending trial.