Grand Jury

You have found the right page if you want to learn about a grand jury and how it works vs. other types of juries.

We provide you with answers about the selection process, why it is kept secret, what a grand jury subpoena is, and many more legal definition FAQs!

What is a Grand Jury?

A grand jury is a legal body composed of citizens that is convened by a court to determine whether there is enough evidence to bring criminal charges against an individual.

Unlike a trial jury, which determines guilt or innocence during a trial, a grand jury’s primary function is to review the evidence and decide whether there is probable cause to believe that a crime has been committed and whether an individual should be formally charged with that crime.

Grand juries are typically made up of a group of citizens, usually ranging from 16 to 23 people, who are selected from the general population.

They are chosen through a selection process, often from a pool of potential jurors, and serve for a specific period of time, typically several months.

The grand jury proceedings are conducted in secret, meaning that the public and the accused individual cannot access the hearings.

This secrecy encourages witnesses to testify more freely and protects the reputations of individuals who may be under investigation but are not ultimately charged.

During the grand jury process, the prosecutor presents evidence to the grand jurors, including witness testimonies, documents, and other relevant information, to the grand jurors.

The jurors then decide whether there is enough evidence to proceed with a criminal trial. If the grand jury determines there is sufficient evidence, they will issue an indictment, which is a formal accusation that initiates the criminal trial process.

It’s important to note that the rules and procedures related to grand juries can vary by jurisdiction.

Grand juries’ powers, functions, and procedures may differ depending on the country and legal system involved.

Grand Jury vs. Trial Jury vs. Jury

The terms “grand jury,” “trial jury,” and simply “jury” refer to different types of juries that serve different functions within the legal system. Here’s a breakdown of the differences:

1. Grand Jury: A grand jury is a group of citizens that is convened to determine whether there is enough evidence to bring criminal charges against an individual.
   As mentioned, the grand jury reviews the evidence and decides whether there is probable cause to believe a crime has been committed.
   The grand jury’s main role is to investigate and make an initial determination, leading to the issuance of an indictment. Grand jury proceedings are conducted in secret.
2. Trial Jury (also known as Petit Jury): A trial jury is the type of jury most people are familiar with. It is a group of citizens selected to hear a specific trial and decide on the guilt or innocence of the defendant.
   The trial jury listens to the evidence presented by both the prosecution and the defense during a trial and deliberates to reach a verdict.
   Trial juries typically consist of 6-12 jurors. The required number of trial jurors can vary depending on the jurisdiction.
3. Jury: The term “jury” can refer to a grand or trial jury, depending on the context. In a broader sense, it refers to a group of individuals who are selected to participate in legal proceedings and make decisions based on the evidence presented.
   However, when people mention a jury without specifying further, they often refer to a trial jury, which is responsible for determining guilt or innocence in criminal trials or deciding liability in civil trials.

In summary, a grand jury is responsible for determining whether there is enough evidence to bring criminal charges, a trial jury decides the guilt or innocence of a defendant in a trial, and the term “jury” can refer to either type of jury, depending on the context.

What is Grand Jury Subpoena? Can You Refuse It?

A grand jury subpoena is a legal document issued by a grand jury that compels an individual to appear before the grand jury and provide testimony or produce certain documents or evidence.

It is a way for the grand jury to gather information and evidence during its investigation. In general, it is not advisable to refuse a grand jury subpoena.

Refusing to comply with a validly issued subpoena can result in legal consequences, such as being held in contempt of court.

However, there may be limited circumstances where you can challenge or seek to modify a subpoena, such as if it is overly broad, unduly burdensome, or if you have a valid legal privilege, like attorney-client privilege or Fifth Amendment protection against self-incrimination.

If you receive a grand jury subpoena and have concerns or questions about it, it is recommended to consult with an attorney.

They can provide you with guidance based on the specific circumstances and applicable laws in your jurisdiction, as well as help you understand your rights, obligations, and any potential defenses or challenges available to you.

How Long is Grand Jury Duty in Texas?

In Texas, the duration of grand jury duty can vary depending on the jurisdiction and the case’s specific circumstances. Generally, grand jury terms in Texas can range from a few weeks to several months.

In some counties, grand juries are impaneled for shorter terms, such as three months, while in other counties, they may serve for six months or even longer.

The length of service can also depend on the complexity and volume of cases being presented to the grand jury during their term.

It’s important to note that grand jury service typically involves a commitment to regular attendance during the designated term, usually a few days a week.

The court or the jury coordinator responsible for managing jury assignments in your jurisdiction will provide the exact schedule and duration of service.

If you have received a summons for grand jury duty in Texas, the summons should include details about the expected duration and schedule of service.

Additionally, you may have the opportunity to seek deferral or exemption from jury service under certain circumstances, such as hardship or other valid reasons.

It is advisable to carefully review the information provided in the summons and follow any instructions for requesting deferral or exemption if necessary.

How is a Grand Jury Selected in Texas?

In Texas, the process of selecting a grand jury is similar to the process of selecting trial juries. The selection process varies slightly depending on the county and jurisdiction, but it generally follows these steps:

1. Eligibility: Individuals must meet specific eligibility requirements to serve on a grand jury in Texas.
   These requirements typically include being a U.S. citizen, being at least 18 years old, being a resident of the county where the grand jury is being impaneled, and possessing the ability to read and write in English.
2. Jury Pool: A pool of potential grand jurors is assembled from a variety of sources, such as voter registration lists, driver’s license records, and other official records. The specific method of assembling the pool may vary by county.
3. Summons: Individuals from the jury pool are randomly selected and issued a summons to appear for jury service. The summons includes information about the date, time, and location of the grand jury selection process.
4. Voir Dire: Potential jurors appear at the designated court on the day of the grand jury selection. The court may conduct a process called “voir dire,” where the judge asks questions to the potential jurors to assess their qualifications, potential biases, and ability to serve impartially.
5. Selection: After the voir dire process, the judge selects the individuals who will serve on the grand jury. The number of grand jurors can vary but is typically between 12 to 23 people.
6. Swearing-In: The selected individuals are sworn in as grand jurors and take an oath to fulfill their duties impartially and keep the proceedings confidential.

It’s important to note that the specific procedures and practices for grand jury selection can vary by county in Texas. Local rules and practices may introduce additional variations to the process.

If you have received a summons for grand jury service, it should include specific instructions and information about the selection process in your jurisdiction.

What is No Bill By Grand Jury?

“No bill” is a term used to describe a decision by a grand jury not to issue an indictment against an individual. When a grand jury determines that there is insufficient evidence or no probable cause to proceed with criminal charges, they issue a “no bill” decision.

In practical terms, a “no bill” means that the grand jury has concluded that there is not enough evidence to support the filing of formal charges or that there is insufficient evidence to believe that a crime has been committed.

This decision effectively ends the grand jury’s involvement in that particular case, and the accused individual will not face trial based on those specific charges.

The “no bill” decision can have different implications depending on the jurisdiction and the case’s specific circumstances.

In some cases, the accused individual will be completely cleared of any wrongdoing and cannot be prosecuted again for the same offense.

However, in other situations, prosecutors may have the option to present the case to a different grand jury at a later date or pursue alternative charges based on new evidence or different legal theories.

It’s important to note that the grand jury’s decision to issue a “no bill” does not necessarily mean that the accused individual is innocent. It simply indicates that the grand jury did not find sufficient evidence to proceed with criminal charges.

How Do Grand Jury Indictments Work?

Grand jury indictments are the formal charges issued by a grand jury against an individual, indicating there is sufficient evidence to proceed with a criminal trial. Here’s an overview of how grand jury indictments work:

1. Grand Jury Proceedings: The grand jury, composed of citizens, is convened by a court to review the evidence and determine whether there is probable cause to believe that a crime has been committed and whether an individual should be formally charged.
   The grand jury proceedings are conducted secretly without giving access to the public, allowing witnesses to testify more freely. The judge is not present.
2. Presentation of Evidence: The prosecutor presents evidence, including witness testimonies, documents, and other relevant information, to the grand jurors.
   The prosecutor’s role is to present a case that establishes probable cause that the accused individual committed the alleged crime.
3. Deliberation and Vote: After considering the evidence presented, the grand jurors deliberate and vote on whether to issue an indictment.
   The specific voting requirements can vary by jurisdiction, but typically a majority of the grand jurors must agree to issue an indictment.
4. Indictment Decision: If the grand jury determines sufficient evidence, they issue an indictment, which is a formal accusation or charge against the individual.
   This is called a “True Bill.” The indictment outlines the specific criminal charges that will be brought against the accused and serves as the basis for the subsequent criminal trial.
5. Arrest and Arraignment: Once the indictment is issued, the accused individual may be arrested and brought before a judge for an arraignment.
   At the arraignment, the charges specified in the indictment are read, and the accused enters a plea of guilty or not guilty.
6. Criminal Trial: The indictment initiates the criminal trial process. The prosecution presents its case, including evidence and witnesses, to prove the charges against the accused.
   The defense has the opportunity to present its own evidence and witnesses and challenge the prosecution’s case. The trial jury then determines the guilt or innocence of the accused based on the evidence presented during the trial.

It’s important to note that the specific procedures and requirements for grand jury indictments can vary by jurisdiction.

The above steps provide a general overview, but the process may vary depending on the local laws and practices in the relevant jurisdiction.

What Happens After Indictment By Grand Jury?

After a grand jury issues an indictment, several steps typically follow in the criminal justice process. Here’s an overview of what typically happens after an indictment by a grand jury:

1. Arrest or Summons: If the individual named in the indictment is not already in custody, an arrest warrant may be issued based on the indictment.
   Alternatively, a summons may be issued, directing the accused to appear in court voluntarily on a specific date.
2. Arraignment: The accused individual is brought before a judge for an arraignment, where the charges specified in the indictment are read out.
   The accused enters a plea of guilty, not guilty, or no contest. If the accused pleads guilty or no contest, the case may proceed to sentencing. If a not-guilty plea is entered, the case moves forward to the trial stage.
3. Pre-Trial Proceedings: Before trial, various pre-trial proceedings take place, such as discovery, where the defense and prosecution exchange evidence and information relevant to the case. The defense may also file motions to challenge certain evidence’s admissibility or request other pre-trial relief.
4. Criminal Trial: A trial is conducted to determine the guilt or innocence of the accused. The prosecution presents its case, including witnesses, evidence, and arguments, to prove the charges beyond a reasonable doubt.
   The defense has the opportunity to present its own evidence, cross-examine witnesses, and argue against the prosecution’s case. A trial jury then deliberates and renders a verdict of guilty or not guilty.
5. Sentencing: In most states and federal courts, if the accused is found guilty, a separate sentencing hearing takes place where the judge determines the appropriate punishment within the bounds of the law.
   Factors considered during sentencing may include the nature and severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances.
   The main exception when a jury and not a judge determines the sentence is for capital crime cases where the death penalty is a possibility.
6. Appeals: Following a conviction, the defense may file an appeal challenging verdict based on claiming there were legal errors or issues affecting the outcome of the trial or sentencing (the prosecution can appeal the sentencing, which typically means they want a harsher sentence).
   The appeals process involves reviewing the trial record and legal arguments by higher courts to determine if the lower court made any reversible errors.

It’s important to note that the specific steps and procedures can vary depending on the jurisdiction and the nature of the case.

Different jurisdictions may have different rules and practices, so the process described here serves as a general guideline.

Can a Grand Jury Indictment Be Dismissed?

Yes, a grand jury indictment can be dismissed, but the process and grounds for dismissal can vary depending on the jurisdiction and the case’s specific circumstances. Here are some common reasons why a grand jury indictment might be dismissed:

1. Lack of Jurisdiction: If the grand jury lacked jurisdiction over the case or the accused individual, the indictment could be subject to dismissal. For example, if the alleged crime falls outside the grand jury’s jurisdiction or if there was a procedural error in convening the grand jury, it may lead to a dismissal.
2. Insufficient Evidence: If it is determined that the grand jury did not have enough evidence to establish probable cause or if there was a legal defect in the presentation of evidence, the indictment may be dismissed.
   This could occur if the evidence presented was insufficient to support the charges or if there were significant errors or misconduct during the grand jury proceedings.
3. Constitutional Violations: If the accused’s constitutional rights were violated during the grand jury process, such as a violation of the Fourth Amendment protection against unreasonable searches and seizures, or a violation of the Fifth Amendment right against self-incrimination, it may result in the dismissal of the indictment.
4. Prosecutorial Misconduct: If there is evidence of prosecutorial misconduct, such as the intentional presentation of false or misleading evidence, withholding exculpatory evidence, or other unethical behavior, it may provide grounds for dismissal of the indictment
5. Double Jeopardy: If the accused has already been prosecuted and acquitted or convicted for the same offense, the indictment may be dismissed based on the principle of double jeopardy, which prohibits multiple prosecutions for the same crime.

If a judge decides to dismiss a grand jury indictment, they typically will do so only after considering the arguments and evidence presented by the defense and prosecution.

The specific procedures and requirements for seeking a dismissal can vary depending on the jurisdiction, and the availability of dismissal as a remedy may be subject to specific legal standards and limitations.

Does Grand Jury Get Paid?

Yes, members of a grand jury typically receive compensation for their service. The payment amount can vary depending on the jurisdiction and local laws. In the United States, grand jury payments for non-federal cases are typically determined by state or local statutes.

In some jurisdictions, grand jury service is considered a civic duty, and the compensation provided may be relatively modest. It may cover expenses such as the cost of transportation, meals, and a small daily or per diem stipend.

The specific payment arrangements can vary significantly between jurisdictions.

Some jurisdictions may provide a flat fee for the entire duration of grand jury service, while others may provide payment based on a daily or per diem rate.

The compensation provided is intended to help offset expenses associated with attending the grand jury proceedings and is not meant to be a significant source of income.

Can You Get Grand Jury Transcripts?

Grand jury proceedings are conducted in secret, and generally, the transcripts of grand jury proceedings are not readily available to the public.

The secrecy of grand jury proceedings is intended to encourage witnesses to provide testimony without fear of retaliation and to protect the privacy and reputation of individuals who may be under investigation but not ultimately charged with a crime.

However, there are some circumstances where access to grand jury transcripts may be permitted, which include the following:

1. Court Proceedings: In certain court proceedings, such as during a criminal trial, a party may request access to specific portions of the grand jury transcript if deemed relevant and necessary for the defense or the prosecution’s case.
2. Disclosure in the Interest of Justice: In exceptional cases, a court may order the release of grand jury transcripts if it is determined that it is in the interest of justice or necessary to protect the constitutional rights of an individual.
3. Witness Access: Witnesses who testified before a grand jury may be granted access to their own grand jury testimony to help them prepare for their own defense or other legal proceedings.

It’s important to note that the specific rules regarding access to grand jury transcripts can vary by jurisdiction, and access is typically subject to strict limitations and safeguards to ensure the integrity and confidentiality of grand jury proceedings.

If you are seeking access to grand jury transcripts, you should consult with an attorney who can provide guidance based on your jurisdiction’s specific laws and procedures.

What To Expect When Testifying in Front of Grand Jury?

When testifying in front of a grand jury, here are some general expectations of what you may encounter:

1. Confidentiality: Grand jury proceedings are conducted in secret, so your testimony will typically be kept confidential. This confidentiality is intended to encourage witnesses to testify more freely and protect their identities so they do not have to worry about repercussions.
2. Questioning: You will be questioned by the prosecutor who is presenting the case to the grand jury. The prosecutor will ask you questions to gather information and evidence related to the case.
   Grand jury proceedings are generally more informal than a trial, and the questioning may be less structured.
3. Oath and Sworn Testimony: You will be sworn in before providing your testimony, requiring you to affirm that you will provide truthful and accurate information.
   It is crucial to answer questions honestly to the best of your knowledge.
4. No Cross-Examination: Unlike a trial, the defense does not perform cross-examinations. The defense does not have the right to question witnesses or challenge their testimony directly.
   The prosecutor is the only attorney present. The grand jurors themselves may be able to ask questions if they desire.
5. Prosecutor’s Role: The prosecutor’s objective is to present evidence to establish probable cause that a crime has been committed and that the accused individual is responsible.
   They will guide the questioning and may seek your cooperation to provide information relevant to the case.
6. Length of Testimony: The length of your testimony can vary depending on the complexity of the case and the number of questions the prosecutor has for you.
   Some witnesses may be questioned for a short period, while others may have more extensive testimony.
7. Legal Counsel: As a witness, you have the right to consult with an attorney before testifying in front of a grand jury. Attorneys are not allowed inside the grand jury room during the proceedings.
   However, a witness may be given a chance to exit the courtroom temporarily and speak to their lawyer before having to answer questions.

It’s important to note that specific procedures and practices can vary by jurisdiction, so it’s advisable to consult with an attorney familiar with the laws and procedures in your jurisdiction if you have specific questions or concerns about testifying before a grand jury.

What Does Bound Over to Grand Jury Mean?

“Bound over to grand jury” is a legal term used to describe the process where a judge determines that there is sufficient evidence to proceed with a case and sends it to a grand jury for further review.

It typically occurs in the context of a preliminary hearing or a probable cause hearing.

During a preliminary hearing, the prosecution presents evidence and witnesses to demonstrate that there is enough probable cause to believe that the defendant committed the alleged crime.

The defense has the opportunity to challenge the sufficiency of the evidence or present arguments against proceeding to trial.

If the judge finds that there is enough evidence to support the charges, they will bind the defendant over to the grand jury.

This means that the judge believes sufficient evidence warrants further review and consideration by the grand jury.

The case is then transferred to the grand jury, which will determine whether to issue an indictment, formally charging the defendant with the alleged crime.

The decision to bind over a case to the grand jury does not determine the guilt or innocence of the defendant.

It simply signifies that there is enough evidence to proceed with the case and allows the grand jury to make the final determination on whether the accused should be indicted and face trial.

It’s important to note that the specific procedures and terminology related to binding over to the grand jury can vary by jurisdiction, so the exact process and requirements may differ depending on the applicable laws and practices in the relevant jurisdiction.

Do Victims Testify at Grand Jury?

Yes, victims of crimes can be called to testify before a grand jury. The prosecutor may summon a victim as a witness to provide testimony and present evidence relevant to the case.

The purpose of the victim’s testimony is to help the grand jury assess the evidence and determine whether there is probable cause to issue an indictment.

The victim’s testimony in front of a grand jury typically involves:

• Recounting the details of the alleged crime.
• Providing any supporting evidence or documentation.
• Answering questions posed by the prosecutor or the grand jurors.

The victim’s testimony can be crucial in establishing the elements of the crime, identifying the perpetrator, and providing important context and perspective to the grand jury.

It’s important to note that not all cases involving victims will necessarily proceed to a grand jury.

The decision to present a case to a grand jury depends on various factors, including the seriousness and complexity of the alleged offense, local legal procedures, and the discretion of the prosecuting attorney.

In some cases, the prosecutor may choose to file charges directly without involving a grand jury.

If you are a victim and are called to testify before a grand jury, you should consult with the prosecutor handling your case or seek legal advice to understand the process.

It is vital to know what your rights as a victim are and if any available support services can assist you throughout the proceedings.

Are Grand Jury Proceedings Open to the Public?

Grand jury proceedings are secret and not open to the public. They are conducted in secret, meaning that the proceedings are closed, and the testimony and discussions that take place within the grand jury room are kept confidential.

The secrecy of grand jury proceedings serves several purposes, including protecting the privacy and reputations of individuals who may be under investigation but not ultimately charged with a crime and encouraging witnesses to provide testimony without fear of retaliation.

The confidentiality of grand jury proceedings is typically mandated by law and enforced by court rules.

Access to the proceedings, including the testimony and evidence presented, is limited to the prosecutors, the grand jurors, the witnesses, and any necessary court personnel.

However, it’s important to note that there can be exceptions to the general rule of secrecy.

In certain situations, a judge may order or authorize limited disclosure of grand jury materials or testimony.

For example, in some cases, a witness may be granted access to their own grand jury testimony to assist with their defense.

Additionally, if a grand jury indictment leads to a criminal trial, the evidence presented during the grand jury proceedings may become part of the public record during the trial.

The specific rules and procedures governing grand jury secrecy can vary by jurisdiction, so it’s important to consult local laws and seek legal advice if you have questions about access to grand jury proceedings in a particular case.

Can You Plead The 5th in a Grand Jury?

Yes, individuals called to testify before a grand jury have the right to invoke the Fifth Amendment privilege against self-incrimination, which is often referred to as “pleading the Fifth.”

The Fifth Amendment to the United States Constitution protects individuals from being compelled to testify against themselves in criminal proceedings.

If a witness believes that answering a question could potentially incriminate them, they can assert their Fifth Amendment right and refuse to answer the question.

This can be done by stating that they are invoking their right against self-incrimination or simply stating, “I plead the Fifth.” When a witness pleads the Fifth in a grand jury, it typically means that they refuse to answer specific questions that they believe may expose them to criminal liability.

The grand jury cannot compel the witness to answer questions that would incriminate themselves.

It’s important to note that invoking the Fifth Amendment can have legal implications, and witnesses should consult with an attorney to understand their rights and the potential consequences of asserting the privilege.

Additionally, it’s worth mentioning that while the Fifth Amendment protects against self-incrimination.

However, it does not shield a witness from other potential legal consequences, such as contempt of court charges for refusing to testify altogether or for refusing to answer specific questions not covered by the privilege.