Exposing The Mystique Of The Grand Jury

A Grand Jury is a group of one’s peers deciding whether or not there is enough evidence to bring formal charges against that person. It is a secret proceeding, meaning it is not open to the public. The only people present are the members of the grand jury, the prosecutor, and the prosecutor’s witnesses. There is no judge and there is no defendant or defense attorney. The prosecutor puts forward the evidence they wish for the grand jury to hear. They are not required to present any evidence that tends to favor the defendant. If that sounds one sided, that is because it is. As the saying goes - you can indict a ham sandwich.

The Grand Jury is comprised of 16-23 persons. The Grand Jury members are the exclusive judges of the facts. At least 12 jurors must vote for an indictment. If not, the case is dismissed – also known as No True Bill.

The Grand Jury is NOT a trial. It is simply a determination on whether the government has provided evidence that is legally sufficient to establish that the person committed the offense and competent and admissible evidence provides reasonable cause to believe such person committed such offense. If the Grand Jury determines that such evidence exists, they will vote for an indictment – also known as a True Bill. Once the indictment is voted on, the case moves forward to the motion and hearing stage.

A defendant may testify in front of the grand jury if he chooses and is allowed to make an uninterrupted statement. The defendant is then subject to cross-examination by the prosecutor and questioning by the Grand Jury members themselves. Testifying in the Grand Jury can have advantages and disadvantages. It is extremely important to hire an attorney that will advise you on the advantages and disadvantages of testifying in your individual case. The Law Offices of Matthew Hunter are here to prepare and protect you in the daunting setting of a Grand Jury room if you do decide to testify. Our firm also possesses the legal writing skills needed to successfully argue why the Grand Jury proceeding may have been improperly administered by the government.