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.
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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 charge or indict someone with a crime formally. 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 are different in that they decide the guilt or innocence of the accused in a public trial setting. 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.
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 especially serious felonies, 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
When a case has generated significant public attention, the prosecutor might use a grand jury to ensure an impartial and methodical examination of the evidence. This process can help maintain public trust by showing that the decision to charge was carefully considered.
Weak Cases
In scenarios where the evidence seems insufficient but still warrants further examination, a grand jury can serve as a sounding board. This allows the prosecutor to present the case and determine if additional investigation or evidence is needed before proceeding.
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.
Witnesses in State Prison
Handling cases involving witnesses already incarcerated in state prison may present logistical challenges. Using a grand jury can facilitate the process of obtaining and reviewing testimony from these witnesses, helping to clarify the case before deciding on formal charges.
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.
When Does The Arrest Happen?
In many legal situations, the first step is the arrest itself, often happening before any formal charges are set in motion. 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, this is followed by the arrest.
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 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.
