In California, a grand jury is a legal process common in federal and serious state felony cases whereby a jury of citizens from the community convenes to evaluate whether there is sufficient evidence to charge or indict the target for criminal offenses . ... Through an “indictment” brought by grand juries.
What happens when you get picked for grand jury?
The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant — usually reserved for serious felonies .
How do you serve on a grand jury?
(1) is at least 18 years of age; (2) is a citizen of the United States; (3) is a resident of this state and of the county in which the person is to serve ; (4) is qualified under the constitution and laws to vote in the county in which the grand jury is sitting, regardless of whether the person is registered to vote; (5 ...
What role does the grand jury serve?
In federal criminal cases, federal grand juries are made up of 16 to 23 members. They decide whether to indict someone who is being investigated , and at least 12 grand jurors need to agree to issue an indictment.
What does it mean to be indicated by a grand jury?
The grand jury is a constitutional requirement for certain types of crimes (meaning it is written in the United States Constitution) so that a group of citizens who do not know the defendant can make an unbiased decision about the evidence before voting to charge an individual with a crime.
Who picks a grand jury?
Much like a trial jury, a grand jury is a group of individuals who have been selected and sworn in by a judge to serve a particular purpose in the legal system. In fact, grand jurors are usually chosen from the very same pool of citizens as are trial jurors.
Can you refuse to be a juror?
Generally, if a juror is not willing to take the oath to be a juror, the person will be excused or not selected . Be sure to make your views known to the judge and the attorneys, just be truthful, and you will not have to serve.
Why are grand juries secret?
Secrecy. Grand jury proceedings are secret. No judge is present ; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed.
What is the difference between being charged and being indicted?
Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you .
Which of the following is a power of the grand jury?
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct , and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify.
What happens if the grand jury doesn’t indict?
If the Grand Jury concludes that there is insufficient evidence to indict an accused, then it will return a “no bill .” This outcome results in immediate dismissal of the felony charge that was filed against the defendant in the criminal complaint.
When the grand jury finds that probable cause does not exist the defendant is what?
If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released. If the court finds there is probable cause, the matter is transferred to trial court.
What is the grand jury intended to protect against?
The prosecutor must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges .
What procedure is often used as an alternative to the grand jury?
In most states, prosecutor has sole discretion to indict, and only if the defendant moves to have a hearing would there be one. A judge takes the final decision in a preliminary hearing . The advantage is that, usually, preliminary hearings are held in open court, as opposed to the secrecy of a grand jury.
How do you get a secret indictment?
Grand juries issue secret indictments after determining that there is enough evidence for a case to go to trial. A secret indictment is an indictment that is not made public until the subject of the indictment has been arrested, notified, or released pending trial .
Can you be indicted without knowing?
It is possible for you to be charged with a crime without knowing about it . ... The police do not have to notify you that an arrest warrant has been issued or that you have been charged with a crime before showing up to arrest you.
