Grand Jury Indictments

If you’ve been charged with a federal crime—or with any capital crime or felony at the state level– you probably have questions about the grand jury process. It is a practice that is shrouded in secrecy, making it something of a mystery. While we hear terms like “grand jury” and “indictment” in relation to high profile cases, making sense of the terms when it directly affects you can be more than a little overwhelming.

Understand the Role of a Grand Jury

Composed of a cross-section of adults living in the area where a purported crime occurred, grand juries are notified by mail that they’ve been called to serve. Police and/or other investigative bodies have already delivered evidence to a prosecutor, who is then responsible for presenting that evidence—from documents to witness testimony and more– to the grand jury. The jury, then, weighs the evidence and decides whether the prosecutor has 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, which is announced through an indictment—the first indication to the suspect and the public that a grand jury was meeting.

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.

How Grand Juries Differ from Other Juries 

Grand juries are made up of everyday citizens who are randomly selected, just like other juries. However, they differ from other juries in numerous important ways:

• Grand juries are completely secret, and the public doesn’t even typically know they are meeting.
• Grand juries decide only whether evidence presented supports taking the case to trial, as opposed to criminal juries, who determine guilt.
• Criminal juries must unanimously find guilt beyond a reasonable doubt, while only 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—higher than in criminal cases.
• A defendant attends a typical trial but is not only never present for a grand jury proceeding—he or she is not even aware that a grand jury is looking into them until after there is an indictment.
• The grand jury can call witnesses with the help of the prosecutor, unlike typical juries.
• Because a grand jury proceeding is not involved in a trial, double jeopardy does not apply, meaning that if there is no indictment, the prosecutor can always gather more evidence and try again with a new grand jury.

Have You Been Indicted?

It can be shocking 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 Las Vegas criminal defense attorneys at Lobo Law in our office today.

Source:

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