Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

October 26, 2011

What is the role of a grand jury in a criminal trial?

A grand jury is a group of people who are assembled to determine if there is enough evidence to bring a person to trial for a crime.  Specifically, the Fifth Amendment of the United States Constitution establishes a grand jury with the following provision: “No person shall be held to answer for a capital… crime, unless on a presentment or indictment of a Grand Jury…”

When the court believes it is in the public interest, they will assemble a grand jury by calling potential jurors.  A list of potential jurors is assembled from four different places: those who have a drivers license, are registered to vote, have paid federal income tax, or have received unemployment benefits.  This same pool of potential jurors is used to call a grand jury and a trial jury, but the two types of juries should not be confused with one another.  Some of the main differences between grand juries and trial juries include the following:

Purpose. Where a trial jury hears the evidence in a trial to issue a guilty or not guilty verdict, the grand jury hears evidence from the prosecution to determine if there is enough evidence for a trial to take place.

Size. A grand jury ranges in size from 16 to 23 people, and a majority must vote for a trial to take place.  A trial jury ranges in size from 6 to 12 people, and they must make a unanimous decision in order to find a defendant guilty in a trial.

Level of proof. A grand jury uses a lower level of proof than does a trial jury.  A grand jury must decide that there is probable cause for them to send the case to trial—that is, they must have a reasonable belief that the person committed the crime.  A trial jury in a criminal trial must hear evidence that proves the case beyond a reasonable doubt for them to return a guilty verdict—that is, the jury must conclude that, based on the evidence, there is no other reasonable explanation that can be reached except that the person committed the crime.

As noted above, a grand jury must be used to bring charges of a capital crime.  A capital crime is a crime that is so serious in nature such that punishment for the crime, if the defendant is found guilty, can include the death penalty.  Although there are a number of crimes defined as capital crimes (including kidnapping, treason, espionage, terrorism, and rape), the only capital crime for which the death penalty is generally given today is murder.

A grand jury may be used for bringing charges for other types of crimes as well.  The types of crimes for which a grand jury is used varies from state to state.

How can I hire a criminal defense attorney if my case is going before a grand jury?

If you complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, a criminal defense attorney will review the specifics about your case to advise you on how to proceed.  While completing this form will provide you a free and confidential review of your case and does not obligate you to anything further, it will also put you in touch with a criminal defense attorney who you can hire to represent you.

Because of the serious penalties that criminal charges can carry should you be found guilty, you should hire a criminal defense attorney as soon as you know you are being investigated for a crime.  A criminal defense attorney will know the law and how to present the available evidence in the best manner possible to increase the chance that charges are not filed or that you are not found guilty of the crime.  Therefore, please take time to complete the form below to get help with your case today.