CRIMINAL DEFENSE
Grand Jury
What Is A Grand Jury?
Most people assume that a grand jury works like a trial jury, where a judge and jurors listen to both sides and decide guilt or innocence. In reality, the grand-jury process is controlled almost entirely by the district attorney, and there is generally no judge or defense attorney in the room.
If your case is being presented to a grand jury, that usually means you have been accused of a felony and the grand jury will decide whether you are formally prosecuted. An attorney can investigate the accusation, gather favorable evidence, and work to stop the case before charges are ever filed.
Even though the district attorney controls the presentation, defense attorneys can often submit evidence in packet or booklet form for the grand jury to review. In some cases the accused may be invited to testify, but that is usually risky because there is no judge present and the defense lawyer is not allowed in the room during testimony.
In most cases your options are to do nothing, to investigate the case and hold your evidence for later, or to be proactive and present your side to the grand jury. Doing nothing is often the worst choice. Once the facts are reviewed, you and your attorney can decide whether presenting evidence now creates the best chance to avoid indictment.
