Unlike a petit jury, which hears evidence and returns a verdict, grand juries in certain states may be used to determine whether there is enough evidence to indict against a defendant on criminal charges only. While preliminary hearings can still be used, in New York, New Jersey, and many other states, grand juries are often preferred, especially for more serious crimes (felonies).
How does it work?
Grand juries are held in secret and consist of anywhere from 16 to 23 people, chosen at random from multiple sources, including voter registrations. Grand juries may also be a long-term commitment, where the juror is required to appear in court multiple times each month for up to 18 months.
How many votes lead to an indictment?
Once the grand jury hears the evidence, with no judge present, it will make its decision. The prosecutors may present witnesses to testify, and the defendant may also testify in certain cases. An attorney can support the defendant through this criminal law process and help potentially avoid an indictment.
Before a decision is made, at least 16 of the 23 jurors must be there to vote. In New York and New Jersey, at least 12 jurors must decide to indict the defendant for charges to be brought. The jurors may also decide there is not enough evidence for a felony, but there is enough for a misdemeanor.
Following a grand jury indictment, the defendant will face another arraignment and must plead guilty, not guilty, or no contest. The matter will then proceed to trial.
If the jurors do not vote for indictment, the prosecutor may still decide to go to trial if they think they have enough to prove their case, but going forward will likely be difficult.