Grand Jury — What This Often-Misunderstood Term Means For You
Posted on: 13 June 2023
The criminal justice system in the United States can be complex, particularly for those who are navigating it for the first time. One key term that is likely to confuse the first-time defendant is the grand jury. What is a grand jury? What is an indictment that stems from it? And how does this affect your jury trial later on? Here's what every defendant needs to know.
What Is a Grand Jury?
A grand jury trial is a preliminary trial that helps prosecutors determine if the case is sufficient to warrant charging a defendant with a crime and proceeding to a regular trial.
Grand juries are called in private, and the accused doesn't know about their existence unless prosecutors continue with charges. Several trials may be put before a grand jury in each session.
In this setting, prosecutors will put forth their primary case before the jury. Only their side of the case will be heard, and defendants do not participate. The jury may ask questions of the prosecutors and evidence might be considered even though it may not be admissible in open court.
What Is a Grand Jury Indictment?
If the grand jury concludes that the case is sufficient to move forward, it will issue what is known as an indictment. This is simply a formal statement of the accusation made against the defendant. It forms the basis for the future jury trial.
If the grand jury declines to issue an indictment, though, prosecutors often may opt to move forward with charges anyway.
Does This Affect Your Jury Trial?
Does the idea of a secret court proceeding sound like it flies in the face of your Constitutional rights? If so, don't panic. The jury trial will begin with a clean slate. What was presented to the grand jury must be presented anew to a new jury of strangers.
Just as importantly, the jury trial has stricter standards as well as a higher burden of proof than the grand jury was subject to. For example, the grand jury does not need to be unanimous, whereas most criminal trial juries must be.
Where Can You Learn More?
If you have been or may be the subject of a grand jury, you need qualified legal help. This is a serious matter, and it will have lasting consequences for your life and liberty. Reach out to a criminal defense lawyer for more information.
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