What is a Grand Jury?
A grand jury is a panel of seven community members. The Deputy District Attorney will subpoena witnesses to testify before this panel. This is a private, informal hearing in which no judge presides. The purpose of the grand jury is to decide from the evidence presented if the state has enough information to proceed with a felony indictment.
The circuit court has the authority to impanel grand juries. A grand jury is composed of five to seven citizens convened to consider whether there is probable cause to believe that the person accused has committed the crime charged in the indictment and should stand trial. The grand jury also investigates and reports on any condition which involves or tends to promote criminal activity.
The Federal and State Constitutions guarantee every individual charged with a crime the right to have his matter reviewed by an independent body called a grand jury. A person charged with a disorderly persons or motor vehicle offense does not have a right to have the case presented to a grand jury. The grand jury hears evidence regarding the criminal matter and determines if there is probable cause for the case to proceed further. If the grand jury finds that there is sufficient evidence for the case to proceed further, the person charged with the crime is “indicted”. Grand Jury proceedings are confidential. The grand jury meets in closed sessions and all evidence collected by them is kept secret unless and until a Superior Court Judge orders otherwise. The only individuals permitted in the room during a grand jury session are the grand jurors, the prosecutor, the witness and the court reporter. Neither a judge nor a defense attorney is present during the proceeding.
A grand jury is a body of twelve citizens who consider whether indictments should be returned in felony cases. Grand jurors are nominated by Grand Jury Commissioners appointed by a district judge. The district attorney has no control over the selection process. In addition, a grand jury can be selected randomly from the voter registration rolls of the county in the same manner that trial juries are selected. Grand jury proceedings are not open to the public, and witnesses take an oath of secrecy before testifying.
A. A “grand jury” is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to charge the defendant with a crime.
