How a Grand Jury Works

When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence -- usually the minimum necessary, in the prosecutor's opinion -- to secure an indictment. The proceedings are secret; it is standard practice to call witnesses to testify against the suspect without the suspect or the suspect's lawyer present. Indicted suspects can sometimes later obtain transcripts of grand jury proceedings, however -- and this is a big reason why prosecutors like to keep the evidence to the minimum.

Although the prosecutor can also call the suspect as a witness, this is not typically done. When suspects are called, they often refuse to testify by invoking their privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution.

If the grand jury decides to indict, it returns what is called a "true bill". If not, the grand jury returns a "no-bill". But even if the grand jury returns a no-bill, the prosecutor may eventually file charges against a suspect. Prosecutors can return to the same grand jury with more evidence, present the same evidence to a second grand jury, or (in jurisdictions that give prosecutors a choice) bypass the grand jury altogether and file a criminal complaint.

Preliminary Hearings

If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to warrant a trial.

However, if the case proceeds by grand jury indictment, no preliminary hearing need be held. For this reason, many prosecutors choose the grand jury indictment process because they don't have to reveal as much evidence before the trial.

For information on criminal cases from start to finish, get The Criminal Law Handbook: Know Your Rights, Survive the System, by attorneys Paul Bergman and Sara J. Berman-Barrett (Nolo).