When you’re under investigation for a federal crime, you probably won’t face arrest until after a grand jury has convened – and maybe not even then.
Most people are only vaguely familiar with what it means to have a case go before a grand jury. Here are the basics you need to know:
Grand jury proceedings are supposed to protect you
A grand jury is a group of citizens convened by a court to determine whether there is enough evidence to indict a suspect and bring them to trial. Unlike a trial jury, which decides the defendant’s guilt or innocence, a grand jury’s role is purely investigative. Its main purpose is to decide whether the state has enough evidence to proceed with a criminal case – so that prosecutors cannot charge people willy-nilly whenever or however they want.
In this state, a grand jury consists of between 16 and 23 people, and proceedings are not controlled by a judge. Despite the supposed purpose of grand juries, they’re really a prosecutor’s playground. They will explain to the jury how the law works and present whatever evidence they want the jury to hear – not all of which may eventually be admitted in court. That’s led at least one former jurist to allegedly say, “Any good prosecutor can get a grand jury to indict a ham sandwich.”
In the unlikely event that the prosecutor can’t make their case, the grand jury will return a “no bill.” If the prosecutor is successful, the grand jury will return a “true bill” and you can expect an indictment to happen within a very short time.
It’s important to remember that a grand jury indictment is not the same as a conviction at trial. Prosecutors have a lot more hurdles to win a case in actual litigation. Early exploration of your defense options can help you take a strategic approach to your case.