Practice Area - Grand Jury Investigation

In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. The grand jury is not a part of the process in many modern state prosecutions, but is still required for a federal felony prosecution. Federal grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments. A indictment is the charging document.

If you think that you may be under investigation or possibly facing criminal charges you are seriously advised to retain the services of an attorney.

A grand jury is meant to be part of the system of checks and balances, preventing a case from going to trial on a prosecutor's sole discretion. A prosecutor must convince the grand jury that there exists reasonable suspicion, probable cause, or a prima facie case [prima facia means a basic provable case] that a crime has been committed. The grand jury can compel witnesses to testify before them. Unlike the trial itself, the grand jury's proceedings are secret; the defendant and his or her counsel are generally not present for other witnesses' testimony. A grand jury may subpoena a witness that is suspected of wrongdoing and which the prosecutor may intend to indict. An experienced defense attorney may be of value in protecting valuable constitutional rights in this situation.

The summaries found on these pages are intended to give a broad picture of the types of criminal charges and are not intended as legal advice. The laws may have changed from the last update. For reliable information on state and criminal laws speak to an experienced criminal defense attorney about the facts of a specific case.

For a free initial consultation please call the Law office of Sydney Smith PA