A grand jury proceeding is a confusing process for many criminal defendants in Indiana. You likely have many questions about this process and what to expect. That is why we have prepared this guide.

The Purpose

A grand jury is a group of citizens who are called to determine whether there is sufficient evidence to charge a person with a felony. The person who may be indicted is called the target.

Types of Grand Juries

There are two different types of federal grand juries: a regular and a special grand jury. Grand juries normally consist of 16 to 23 members. Regular grand juries sit for a term of six or twelve months, meeting two to four days a month.

Special grand juries sit for eighteen months, meeting one or two days a month. Those selected as grand jurors are given a schedule of the grand jury sessions in advance.

The Process

The United States Attorney presents evidence to the grand jury to determine if there is probable cause to believe the target has committed a crime and should be tried for it. This evidence may include:

Witness testimony
Documents
Test results
Forensic evidence

The prosecution advises the grand jury of applicable laws.

Grand juries generally hear testimony about several different cases over their term of service.

A One-Sided Situation

An Indianapolis defense attorney can represent the target when they appear. The attorney advises them. However, they are not allowed to address the grand jury or prosecutor, object to questions the prosecutor asks, or cross-examine the witnesses. Therefore, many grand jury proceedings are based on one perspective and are one-sided in favor of the prosecution.

The Vote

After the investigation, the grand jury generally votes.

If the grand jury decides there is sufficient evidence that the target has committed a crime and should be tried for it, it issues an indictment against the defendant.

If at least five grand jurors are unable to agree to indict a target, the target is not charged with a crime.

However, because the process is so one-sided, the outcome usually is an indictment against the target.

Confidentiality

Grand jury proceedings are confidential and not open for public observation. Defendants cannot review the transcript of grand jury testimony. Grand jurors cannot disclose evidence of their vote to anyone else. However, your attorney may receive some copies of witness testimony if the prosecutor plans on calling the witness at your criminal trial.

Contact The Criminal Defense Team for Help with Your Grand Jury Proceeding

Whether you have already been indicted or you have a grand jury proceeding scheduled in your case, you need a robust legal defense. The Criminal Defense Team of Baldwin Perry & Wiley PC has extensive experience with grand juries.

We can answer your questions, explain the process, and identify a legal defense in your case, which may include seeking immunity from prosecution. If you are charged with a crime, we can defend you. Call us today at (317) 743-3295 for a free and confidential consultation.

What to Expect During a Grand Jury Proceeding in Indiana