Grand Jury Proceedings

Grand jury proceedings are a foundational aspect of the American criminal justice system. Unlike a trial jury, which determines a defendant’s guilt or innocence, a grand jury is convened to assess whether sufficient evidence exists to charge someone with a crime.

These proceedings held in secret. Think of the grand jury operating like screening tool to evaluate whether a criminal case should move forward. If you are a possible defendant in a federal court trial it is important to understand how grand jury proceedings work, their purpose, and their impact on the judicial process. This is one court proceeding in which your federal criminal defense lawyer Nate Crowley is not a participant inside of the court room.

The Purpose of a Grand Jury

An appearance before a grand jury serves as a preliminary step in the prosecution of serious criminal cases. Its primary purpose is to decide whether there is “probable cause” to believe a crime has been committed and whether or not the suspect is responsible.

If the grand jury finds enough evidence, it issues an indictment to formally charge the individual. However, if during the proceedings the jury determines that there is insufficient evidence, no charges are filed, and the suspect is not brought to trial.

Grand juries are generally used in cases involving felony charges, though their use can vary by jurisdiction. In federal cases, the Fifth Amendment of the U.S. Constitution guarantees the right to a grand jury. Many states courts follow this procedure as well. However, some states allow prosecutors to bypass the grand jury process and bring charges directly through a judge’s approval.

Grand Jury Law in California

A state grand jury operates a little differently than a federal grand jury. In California, the grand jury is an independent body made up of a specified number of citizens of a particular county that:

1. Determine whether or not charges are warranted in a criminal case
2. Conduct Inquire into matters of civil concern in the county, such as salaries, budgets and operations of county governments

At the local level California prosecutors can bring about felony charges by either:

• Holding a preliminary hearing, at which you both you and your defense lawyer must be present for the handing over an “information” document (Penal Code 904.6)
• Holding a hearing without you to proceed with an indictment and arrest

Composition and Role of the Grand Jury

A grand jury is typically composed of 16 to 23 citizens who are randomly selected from the community. The jury’s role is not to decide the guilt or innocence of the defendant but to determine whether sufficient evidence exists to move the case forward. Grand juries function differently from trial juries in several key ways:

Confidentiality

Grand jury proceedings are conducted privately to protect the accused from public suspicion in case wh no charges are ultimately filed and also to encourage witnesses to speak freely without fear of retaliation.

Ex Parte Process

The exclusion of the defense in grand jury proceeding is known as the ex parte process. An ex parte process refers to a legal proceeding or communication that takes place with just one party present, without the other party being notified.

At this stage, the defense is even allowed in the room, never mind permitted to present evidence or cross-examine witnesses. This one-sided process focuses solely on evaluating the prosecution’s case, so the decision can be made about whether to move ahead with an indictment.

Indictment Standard

The grand jury must determine whether there is “probable cause” to believe a crime has been committed. This is a lower standard of proof than “beyond a reasonable doubt,” that is required at trial. The grand jury does not need to be unanimously convinced; a majority of jurors must agree to issue an indictment. For federal grand juries, only 12 out of 23 jurors are needed to proceed with an indictment.

The Procedure of Grand Jury Proceedings

The prosecutor initiates grand jury proceedings by presenting evidence, which may include physical evidence, documents, or testimony from witnesses. Witnesses called to testify before the grand jury do not have the right to have their attorney present in the room with them, though they may consult with their attorney outside the room.

Once the prosecutor has presented the evidence, the grand jurors deliberate privately to decide whether an indictment should be issued. Their discussions are confidential, and the secrecy of grand jury deliberations is a hallmark of the process.

The Outcome of Grand Jury Deliberations

There are two possible outcomes of grand jury proceedings:

1. Indictment: If the grand jury concludes that there is probable cause, it issues a “true bill,” also known as an indictment. The case then moves forward to trial, and the defendant is formally charged with the crime.
2. No Indictment: If the grand jury finds insufficient evidence to proceed, it returns a “no bill,” meaning no indictment is issued, and the case does not go to trial. This decision does not prevent the prosecution from presenting the case again, but it typically signifies that the case is weak.

In some instances, a grand jury may issue a “presentment,” which is a formal statement of the facts but without an accompanying indictment. This can be used to prompt further investigation or bring certain information to the public’s attention.

If You Are A Witness in A Grand Jury, Get A Lawyer!

If you have been subpoenaed to be a witness in a grand jury trial then you are definitely going to need the advice of a federal defense lawyer to advise as to whether or not your testimony is incriminating, and whether or not you are at risk of being charged with a crime.

In a grand jury situation, prosecutors are not required to provide witnesses with Miranda Warnings so that they do not incriminate themselves. Miranda warnings are the same warnings that law enforcement announce to a suspect during arrest and include:

• The right to remain silent.
• The right to have a lawyer present during questioning.
• The right to a court-appointed attorney if they cannot afford one.

In addition, the suspect must be told that anything they say can be used against them in court.

This means that if you have information about a crime and are summoned to a grand jury, you are a witness or implicated as an accessory to the crime the witness must provide the requested testimony, forgo the defense lawyer in the court room, and may also be exempt from anything say being used against them in court.

About Being An Accessory to A Crime

An accessory is an individual who enabled or contributed to the commission or concealment of a crime. This is different than an accomplice to a crime who was present during its commission.

You might be accused of being an accessory before-the-fact or accessory after-the-fact. This is definitely a situation that requires a criminal defense lawyer accomplice, an accessory does not need to have been actually or constructively present during the commission or concealment of the crime.

What Happens If I Refuse to Testify Before A Grand Jury

A subpoena is a court order. Refusing to show up and testify can result in a contempt of court charge.

You have two choices. You can either comply with the subpoena or challenge it via a court motion.

If you are subpoenaed as a witness is crucial to contact a federal criminal defense attorney like Nate Crowley, who may advise you to “plead the Fifth”, which means to assert your Fifth Amendment privilege to not incriminate yourself during the grand jury proceedings.

Let’s Quickly Review The Fifth Amendment

In the context of criminal prosecutions, The Fifth Amendment ensures that no person can be held for a capital or otherwise serious crime without an indictment from a grand jury. This serves as a safeguard against unfounded or arbitrary prosecutions.

The Fifth Amendment also protect against double jeopardy, preventing an individual from being tried twice for the same offense. It also enshrines the right against self-incrimination, meaning a person cannot be compelled to testify against themselves in a criminal case.

Finally, the Due Process Clause ensures that no one can be deprived of life, liberty, or property without appropriate legal proceedings, and the Takings Clause mandates that the government must provide fair compensation if private property is taken for public use.

Grand jury proceedings play a critical role in determining whether serious criminal cases should move forward to trial. Whether you are a witness, an accomplice or an accessory, the assistance of an experienced criminal defense lawyer Nate Crowley is crucial to a positive legal outcome.

Contact Nate Crowley, Criminal Federal Defense Lawyer

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