Facing a grand jury can be an intimidating experience, especially if you are unfamiliar with the legal process. A grand jury determines whether there is enough evidence to formally charge a person with a crime. Unlike a trial jury, which decides guilt or innocence, a grand jury only decides whether there is probable cause to indict someone.

In this guide, we’ll explain what a grand jury is, how the process works, and what you can do to protect your rights if you are called before one.

What Is a Grand Jury?

A grand jury is a group of citizens convened to review evidence presented by the prosecution to determine if there is sufficient cause to bring formal charges against a suspect. Grand juries are typically used in felony cases and operate in secrecy to protect the integrity of the proceedings and the privacy of those involved.

In the United States, grand juries are used primarily in federal and some state cases. Texas, for example, requires a grand jury indictment for felony charges unless the defendant waives that right.

How Does a Grand Jury Work?

1. Selection of the Grand Jury

• Grand jurors are selected much like trial jurors. They are chosen from a pool of eligible citizens and serve for a set period, often a few months.
• A grand jury typically consists of 12 to 23 jurors, depending on the jurisdiction.

2. Presentation of Evidence

• The prosecutor presents evidence, including witness testimony, documents, and other materials, to the grand jury.
• Unlike a trial, there is no judge present, and the defense does not have the right to present evidence or cross-examine witnesses.

3. Deliberation and Decision

• After reviewing the evidence, the grand jury deliberates in private.
• If a majority of jurors agree that there is probable cause, they issue an indictment (also known as a “true bill”). If they find insufficient evidence, they issue a “no bill,” meaning no charges will be filed.

What Happens If You Are Summoned Before a Grand Jury?

If you receive a subpoena to testify before a grand jury, it means you are being called as a witness or possibly as a target of an investigation. Here’s what you should do:

1. Consult an Attorney Immediately

• You have the right to legal representation. An attorney can advise you on how to respond to questions and whether you should invoke your Fifth Amendment right against self-incrimination.

2. Understand Your Role

• If you are called as a witness, you are not necessarily under investigation, but you still need to be careful with your testimony.
• If you are the subject of the investigation, anything you say can be used against you later in a criminal case.

3. Prepare for Questioning

• The prosecutor may ask about specific incidents, people, or documents related to the case.
• You are under oath, meaning any false statements could lead to perjury charges.

4. Invoke Your Rights If Necessary

• You have the right to remain silent if answering a question could incriminate you.
• Your attorney can help determine when to invoke this right and may seek immunity in exchange for your testimony.

What Happens After the Grand Jury’s Decision?

If the grand jury issues an indictment, the case moves forward to trial, where you will have the opportunity to defend yourself. If they decline to indict, the charges are typically dropped, though prosecutors may pursue other legal options.

Final Thoughts

Facing a grand jury can be stressful, but understanding the process and seeking legal counsel can help you navigate the situation effectively. If you are called to testify or are under investigation, contact a criminal defense attorney as soon as possible to protect your rights and ensure you are prepared for what lies ahead.

Attorney Grant Frankfurt

Attorney Grant Frankfurt is a highly experienced criminal defense lawyer based in Dallas, Texas. For over a decade, Grant Frankfurt has helped individuals navigate the criminal justice system while minimizing the effects of charges. Schedule a consultation today online or call me at (214) 775-5050.