An indictment means that you are being charged with a criminal offense. However, instead of a prosecutor directly bringing charges, they presented the facts to a grand jury, who decided that there was enough cause to proceed with the charges.
If the grand jury decides there is enough evidence pointing to the likelihood of a crime, they issue what’s known as a “true bill.” This means that an indictment is handed down, and the defendant will face criminal proceedings. If the grand jury doesn’t believe the evidence holds up, they issue a “no bill.” In this case, no indictment is made, and the case does not move forward.
Grand Jury vs. Trial Jury
Understanding the difference between grand juries and trial juries is essential if you’re navigating the legal system. While they both play roles in the judicial process, their purposes, processes, and requirements are distinct.
Grand Juries
Grand juries convene to determine whether there is enough evidence to formally charge or indict someone with a crime. Their role is crucial in the initial stages of a criminal prosecution. These proceedings are led by the prosecutor. Unlike trials, no judge is present, and the process is closed to the public. The accused doesn’t typically participate and is often unaware of the proceedings.
Trial Juries
Trial juries determine whether the prosecution has proven the defendant guilty beyond a reasonable doubt. They are instrumental during the actual court case. This part of the legal procedure is open and overseen by a judge. Both the prosecution and the defense have the opportunity to present evidence and arguments.
No Preliminary Hearing After an Indictment
When you are indicted by a grand jury, you won’t have a preliminary hearing. This is because grand juries take a look at the evidence and decide if there’s enough to charge you, much like a preliminary hearing would do. In theory, this saves time and keeps the process efficient.
In practice, though, it can disadvantage the defendant because they don’t get to present any kind of defense or even question witnesses at a grand jury proceeding. At a preliminary hearing, their attorney can at least cross-examine witnesses and make arguments as to why the case should not move forward.
How Does the Grand Jury Indictment Process Work?
There are multiple steps in the indictment process, including:
- Selection: The grand jury is assembled from a group of community members who meet certain eligibility criteria, such as age and residency requirements.
- Convening: Once the grand jury is chosen, it gathers behind closed doors to examine evidence that a prosecutor believes supports criminal charges.
- Deliberation: After reviewing the evidence, the grand jurors discuss and debate whether there is sufficient support to accuse the suspect of a crime.
- Decision: If the grand jury determines that there is sufficient evidence to indict, it returns an indictment formally charging the defendant with the alleged offense. If the grand jury does not find enough evidence, it can decide not to indict, in which case the prosecutor may gather additional evidence or drop the matter.
These steps allow the grand jury to evaluate the prosecution’s evidence and determine whether there is probable cause to formally charge the suspect with a crime.
When Are Grand Juries Used to Seek an Indictment?
The decision to use a grand jury instead of directly filing charges depends on various strategies and circumstances. Prosecutors might opt for this approach for several reasons:
Serious Felonies
For certain felony cases, the stakes are high, and prosecutors want to ensure the decision to proceed is thoroughly vetted. The grand jury’s review of evidence can provide a more comprehensive understanding of the case’s strengths and helps the prosecutor decide whether to move forward.
High Public Interest
In some high-profile or sensitive cases, prosecutors may choose to present evidence to a grand jury. Grand jury proceedings are generally conducted in secret, which can be relevant when an investigation involves sensitive evidence or witnesses.
Wrongdoing by Public Officeholders
Allegations against public officials often require extra scrutiny due to the potential impact on public confidence. A grand jury can objectively assess whether there is enough merit to the allegations to prosecute.
The use of a grand jury can be an essential tool in the judicial decision-making process, ensuring that justice is pursued with thoroughness and impartiality.
Can a Prosecutor File an Information Instead of Seeking an Indictment?
In California, prosecutors can bring felony charges without using a grand jury. Instead, a judge may hold a preliminary hearing to determine whether there is enough evidence for the case to proceed. If so, the prosecutor can file an “information” that formally states the charges against the defendant.
When Does The Arrest Happen?
An arrest may occur before or after an indictment, depending on how the criminal investigation and prosecution proceed. After an arrest, law enforcement officers hand over evidence to prosecutors, who then decide whether they want to involve a grand jury or proceed through other legal channels.
At times, prosecutors might conduct investigations without the individual even knowing about it. They collect evidence and might present it to a grand jury before an arrest occurs. If the grand jury issues an indictment, it may lead to their arrest.
Once indicted, the accused must go through legal proceedings to address the charges, such as arraignment and potentially a trial.
Contact a Criminal Defense Lawyer for Help
If you have any questions about indictments, criminal charges, or navigating the criminal justice system in general, contact Blair Defense Criminal Lawyers at (619) 357-4977 today to schedule a free consultation with a criminal defense lawyer. Our experienced attorneys in San Diego, CA, are here to provide you with personalized guidance, no matter what type of charges you are facing or even if you just need assistance understanding your rights and options.