What You Need to Know About Grand Jury Indictments in US Law

The concept of a grand jury indictment is fundamental to the American criminal justice system, particularly under the Fifth Amendment of the U.S. Constitution. But what exactly is a grand jury, what is its purpose, and what does it mean if you or someone you know is indicted? This post will provide a professional, yet approachable, overview of this essential legal procedure.

What is a Grand Jury?

Unlike a trial jury (sometimes called a petit jury) which determines guilt or innocence, a grand jury‘s function is to decide whether there is enough probable cause to bring formal criminal charges against an individual. It’s a panel of citizens, often 16 to 23 people, that meets in secret. Their proceedings are confidential, and the defense is typically not present.

The Fifth Amendment Requirement

The Fifth Amendment mandates that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…”. This rule primarily applies to federal prosecutions for serious offenses, although many states have their own parallel systems or use a different charging process called a Criminal Information.

The Grand Jury Process and Indictment

The prosecution (often a U.S. Attorney or District Attorney) presents evidence and testimony to the grand jury. These are often one-sided presentations, as the defendant and their legal expert are not permitted to attend the proceedings, although a witness may sometimes bring a legal expert with them (though the expert cannot speak).

What is an Indictment?

An indictment is a formal, written accusation issued by the grand jury, stating that enough evidence exists to believe a person committed a crime and should stand trial. The grand jury must vote on whether to issue the indictment, and a certain minimum number (a quorum) of jurors must agree, though it’s typically a majority, not a unanimous vote. The indictment itself will list the specific charges, or counts, the defendant is facing.

Grand Jury Decisions

Action	Meaning	Outcome
True Bill	Sufficient probable cause found.	Indictment is issued, criminal proceedings begin.
No Bill	Insufficient probable cause found.	Case may be dropped or resubmitted later.

What Happens After an Indictment?

Once an indictment is returned as a “True Bill,” the following steps typically occur:

1. Arrest or Summons: The defendant is formally arrested or is issued a summons to appear in court if they are not already in custody.
2. Arraignment: This is the defendant’s first court appearance where they are formally read the charges (from the indictment) and enter a plea—usually “not guilty.”

   (This is the formal start of the Legal Procedures, moving from the investigation phase to the trial phase.)

3. Trial Preparation: The case moves into the discovery phase, motion practice (Motions), and trial prep (Trial Prep Checklists). The defense will then have the opportunity to challenge the evidence presented.

Summary of Key Takeaways

1. Constitutional Right: The grand jury process is protected under the Fifth Amendment, applying primarily to serious federal crimes.
2. Probable Cause Only: The jury’s sole purpose is to determine if probable cause exists for a charge (resulting in an Indictment or “True Bill”)—not to decide guilt.
3. Secrecy and Process: Proceedings are held in secret, and the defense does not actively participate, making it a critical, yet one-sided, part of the early criminal process.

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Frequently Asked Questions (FAQ)

Q: Is a grand jury indictment the same as a conviction?

A: No, an indictment is a formal accusation. A conviction can only occur after a guilty plea or a trial (Jury or Bench) where the evidence proves guilt beyond a reasonable doubt.

Q: Can a defendant challenge the indictment?

A: Yes. A legal expert can file various pre-trial Motions (e.g., to dismiss or suppress evidence) once the case reaches the trial court (Federal Courts or State Courts).

Q: Are all criminal cases subject to the grand jury process?

A: Only serious federal offenses (capital or infamous crimes) are required to use the grand jury for an indictment. State-level offenses vary; many states use a “Criminal Information” filed by the prosecutor instead.

Q: What happens if the grand jury votes “No Bill”?

A: If a “No Bill” is returned, it means the grand jury did not find sufficient probable cause for the charge, and the case may be dropped. However, the prosecution may sometimes attempt to present the case to a new grand jury.

Grand Jury, Indictment, Fifth Amendment, Presentment by grand jury, Criminal, Federal Courts, Legal Procedures, Charges, Probable Cause, Trial Prep, Motions, Arraignment, Case Law, Statutes & Codes, Criminal Cases, How-to Guides, Checklists, Legal Forms, Constitution