A grand jury may issue an indictment after hearing evidence against a suspect in a criminal case.
Most people have heard the term “grand jury” at some point in their lives, whether in the news, on a TV show, in a book, or in a movie. The term can be confusing, bringing up questions of the role of the grand jury and if it is the same thing as the jury that hears evidence during a criminal case.
In California, a grand jury is a group of citizens from a particular county that is brought together to decide whether or not a person should be charged with a felony offense. As a criminal defense attorney in Orange County, CA can explain, felony charges are brought in one of two ways: through an information that is filed by the district attorney after a preliminary hearing, or through an indictment brought by a grand jury.
Each California county sets its own procedures for creating grand juries. Generally, prospective jurors are selected at random from a pool of eligible citizens. Once a grand jury has been formed, the prosecutor presents evidence. This may include both physical evidence — like videos, documents, and reports — as well as testimony from witnesses. Grand jury proceedings are secret, and closed to the public.
Many people are surprised to learn that defendants are not present at grand jury proceedings — and neither are their lawyers. In some cases, a defendant won’t even know that a grand jury is taking place. For example, if the police are investigating an extortion scheme, the suspect in the case may not even be aware that he is being investigated. Once the police and prosecutor have gathered enough evidence, a grand jury is formed to hear the case. The district attorney presents evidence to the grand jury, and they make a decision about whether the suspect should be indicted. If the grand jury decides to indict, then the suspect will be arrested — and has the opportunity to have his case heard by a regular (petit) jury.
District attorneys use grand juries in a range of cases, often when there is a high degree of public interest in the case or when the witnesses in the case are in prison. They may also use the grand jury to test out their case if it seems weak.
The role of the grand jury is to make an objective determination of whether there is another evidence to charge a suspect with a crime. According to a criminal defense attorney in Orange County, CA, this doesn’t always happen. Grand juries only hear one side of the story. For this reason, they tend to issue indictments more often than not. That is why there is a common saying among lawyers that a grand jury would indict a ham sandwich.
If you have been indicted on a felony charge, or fear that a prosecutor may bring a case involving you to a grand jury, you should reach out to a lawyer as soon as possible. While your criminal defense attorney in Orange County, CA cannot advocate for you before the grand jury, they can take a number of steps to protect your interests. If you are in this situation, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
