Understanding Grand Juries

Anyone who has been charged with a federal crime, and many who’ve been charged with state crimes, understand a little about the grand jury process. For the rest of America, they are something of a mystery. We hear terms like “grand jury” and “indictment” in relation to high profile cases, but what does it all really mean?

What is a Grand Jury? 

Grand juries are usually composed of a cross-section of individuals living in the area where the alleged crime occurred.  Just like any other jury, they are notified by mail that they’ve been called to serve and are then seated. Prosecutors are given evidence that has been collected by police and/or other investigative bodies and are then tasked with presenting that evidence to the grand jury. The jury, in turn, determines whether the prosecuted has reasonably demonstrated that the crime occurred at the hands of the accused. In other words, they will decide if there is probable cause to justify bringing the case to trial.

How Grand Juries Differ from Other Juries

Grand juries differ from other juries in several important ways:

• While typical juries decide guilt, grand juries decide whether evidence supports taking the case to trial.
• The standard in typical juries is that the jury unanimously finds guilt beyond a reasonable doubt, while half plus one is required to move the case to trial in a grand jury (a much easier standard to meet).
• Anywhere from 16 to 23 people typically serve on grand juries.
• The defendant is in attendance for a typical trial but is never present for a grand jury proceeding.
• In fact, the public, including any suspects, don’t even know what a grand jury is looking into until after there is an indictment.
• The grand jury can call witnesses with the help of the prosecutor, unlike typical juries.
• Double jeopardy does not apply, so if a prosecutor fails to get an indictment, they can always gather more evidence and try again with a new grand jury.

The Indictment

If the grand jury finds that there is probable cause to formally charge a suspect on one or more counts, they will indicate as much by providing an indictment – an official finding–to the prosecutor. At that point the prosecutor must decide whether they wish to pursue the case in trial. Another option might be to use the indictment(s) to pressure a suspect into cooperating in a deal that provides immunity in exchange for testimony against someone else. Finally, the prosecutor could decide to drop the case altogether.

Have You Been Indicted? 

It can be pretty overwhelming to discover that you have been indicted by a grand jury. But an indictment does not necessarily translate into a conviction in criminal court. To discuss your situation, schedule a confidential consultation with the experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos today.

Source:

law.uw.edu/news-events/news/2024/what-does-it-mean-to-be-indicted-by-a-grand-jury