The grand jury process is most often used for serious felonies or crimes that are significant to the community.
The criminal justice process is confusing to most people. Unless you have experience in the system, either as a lawyer or as a participant, it can be hard to know what will happen and when it will occur. This often begins with the filing of criminal charges. If you have been charged with a crime, do you know how exactly those charges were filed?
As a criminal defense lawyer in Rancho Cucamonga, CA can explain, there are two ways that crimes may be charged in California:
- The prosecutor files criminal charges with the court; or
- The prosecutor presents evidence to a grand jury, and the grand jury issues an indictment.
The method of bringing criminal charges depends in part on the severity of the crime. The more serious the charges are, the more likely it is that a prosecutor will present the case to the grand jury rather than file criminal charges on their own.
In most cases, after an arrest is made, the law enforcement officer who made the arrest files a report with their agency and the local prosecutor’s office. This report will summarize the events that led to the arrest. It may include witness statements, information from lab reports, and a summary of the evidence collected. The report will also state which California laws that the officer believes were broken. This report is often the foundation of the criminal case against a defendant.
Every prosecutor has a certain amount of discretion when they receive this report. They may decide to file charges, take the case to the grand jury, or decide to not pursue the matter. A criminal defense lawyer in Rancho Cucamonga, CA can be instrumental in a decision to not file charges. If your attorney is aware than an investigation is taking place, they can attempt to convince the prosector that the case is weak or has flaws. This may also result in the prosecutor deciding to file lesser charges than what was recommended by the law enforcement officer who prepared the report.
In cases involving more serious felonies or crimes that are significant to the community, a prosecutor may take the matter to the grand jury. The grand jury consists of members of the community who hear evidence presented by the prosecutor and decide what charges should be filed, if any. If the grand jury believes that the evidence is sufficient to support the charges requested by the prosecutor, then it will submit a “true bill,” and an indictment will be issued. Otherwise, it will issue a “no true bill.” Because the prosecutor is the only side that can present witnesses and evidence to the grand jury, it is rare to receive a “no true bill.” For this reason, there is a saying about grand juries — that they would indict a ham sandwich.
If you have been charged with a California criminal offense, either by the prosecutor filing charges or through an indictment, you will need a dedicated criminal defense lawyer in Rancho Cucamonga, CA to represent you. The Chambers Law Firm offers skilled representation to Californians who have been charged with a crime. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
