Grand Jury Indictment

When is a Grand Jury Indictment used in a felony criminal case?

dui grand jury indictmentFelony criminal charges require a finding of probable cause. In some cases, probable cause is found by a Grand Jury.

A Grand Jury is a group of fifteen citizens who are presented evidence by a prosecutor. The grand jury must then decide whether or not there is probable cause of a crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and criminal defense attorney are not entitled to attend the hearing. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

If the Grand Jury find that there is probable cause to support the charge, then an Indictment is signed or “true billed.”

The alternative to a Grand Jury is the Preliminary Hearing.

After a Grand Jury Indictment, the next hearing is usually a Felony Arraignment.


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