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Why does a case go to the grand jury
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Why Does a Case Go to the Grand Jury?
You’re here, because you want to understand the grand jury process. Maybe, you or someone close to you is under investigation. Or, perhaps you’re simply curious about how the criminal justice system works. Whatever the reason, we‘ve got you covered.But, take a deep breath. This isn’t an easy topic to digest. Grand juries are complex beasts, with rules and procedures that can make your head spin.Don’t worry, though. We’ll break it all down in a way that’s easy to understand. No confusing legal jargon or mind-numbing details. Just the facts, served up in a straightforward, conversational style.So, let’s dive in.
What is a Grand Jury?
A grand jury is a group of citizens who review evidence in criminal cases. Their job, is to determine whether there‘s enough evidence to formally charge someone with a crime.Think of it like a gatekeeper. Before a case can go to trial, it has to pass through the grand jury first. They decide if the prosecution has a strong enough case to move forward.Grand juries are different from trial juries. A trial jury, decides whether someone is guilty or not guilty based on the evidence presented at trial. A grand jury, on the other hand, only looks at the prosecution’s evidence to see if charges should even be filed.
When Does a Case Go to the Grand Jury?
Not every criminal case goes to a grand jury. In fact, most don’t. Grand juries are typically only used for felony cases – the more serious crimes.For less serious crimes, like misdemeanors, the prosecutor can file charges directly with the court. No need for a grand jury review.But, when it comes to felonies, the process is different. In the federal system, the U.S. Constitution requires that all felony charges go through a grand jury first. And many states have similar requirements for their most serious cases.So, if you‘re being investigated for a felony, chances are your case will end up in front of a grand jury at some point.
The Grand Jury Process
Okay, so you know what a grand jury is and when they get involved. But, how does the whole process actually work?Well, it all starts with an investigation. Maybe the police received a tip about alleged criminal activity. Or perhaps an agency like the FBI uncovered evidence of wrongdoing during a larger probe.Once enough evidence is gathered, the prosecutor will present the case to the grand jury. This typically happens behind closed doors, away from the public eye.The prosecutor will call witnesses to testify and present any physical evidence they have. The person under investigation, however, usually isn’t present and doesn’t get to present their side of the story.It’s a one-sided affair. The grand jury only hears from the prosecution.After reviewing all the evidence, the grand jurors deliberate in secret. They discuss the case and ultimately vote on whether to issue an indictment – the formal criminal charges.In the federal system, at least 12 of the 16-23 grand jurors must vote to indict for charges to be filed. The specific number can vary by state.If the grand jury decides there’s enough evidence, they‘ll return a “true bill” of indictment. But if they don’t believe there’s probable cause for charges, they’ll issue a “no true bill” and the case won’t go to trial.
Pros and Cons of the Grand Jury System
Like most things in the legal world, the grand jury system has its fans and critics. There are arguments for and against having citizens screen criminal cases before charges are filed.On the plus side, grand juries provide a check on the power of prosecutors. They prevent overzealous prosecutors from bringing weak or malicious cases that lack sufficient evidence.The grand jury acts as a buffer, ensuring that people aren‘t charged with crimes unless there’s a legitimate basis for doing so.Critics, however, argue that grand juries are little more than a rubber stamp for prosecutors. Since only the prosecution’s side is presented, grand juries rarely decline to indict.Some have even called grand juries a tool for prosecutors to conduct fishing expeditions and gather additional evidence through subpoenas.There are also concerns about grand jury secrecy and lack of transparency. Grand jury proceedings are kept confidential, shielded from public view.So, those are some of the key pros and cons to consider. Every system has its flaws, but the grand jury is intended to balance the interests of the accused with public safety.
What If I’m Indicted?
If a grand jury does hand down an indictment against you, it’s a serious matter. But, it‘s not a conviction. An indictment simply means you’ll have to face charges and go through the criminal justice process.Your next step after an indictment is the arraignment. This is your first court appearance, where the charges against you are formally read. You’ll also be asked to enter a plea – guilty or not guilty.From there, the case will proceed toward trial if you plead not guilty. The prosecution will have to prove your guilt to a trial jury beyond a reasonable doubt.An indictment raises the stakes, no doubt. But, it‘s not the end of the road. You still have rights and opportunities to defend yourself against the charges.The smart move, is to hire an experienced criminal defense attorney as soon as possible. They can guide you through the process and ensure your rights are protected every step of the way.
When to Hire a Lawyer
Speaking of lawyers, you might be wondering – when exactly should I hire one if I’m under investigation or my case goes to a grand jury?The answer, is simple: as early as possible.Look, we get it. Legal troubles are stressful and the bills can add up quickly. But, trying to navigate the criminal justice system alone is a recipe for disaster.An experienced defense lawyer can make all the difference, even before charges are filed. They can intervene with prosecutors, present mitigating evidence, and potentially persuade them not to pursue charges.If your case does go to the grand jury, a lawyer can prepare you for testifying, challenge any improper evidence, and work to prevent an indictment from being issued.And if you do get indicted, having a skilled advocate in your corner from day one is crucial. They‘ll fight for your rights, build a strong defense strategy, and give you the best chance of beating the charges.So, don’t wait until it’s too late. If you‘re under investigation or facing potential charges, hire a reputable criminal defense firm immediately. It could be the most important call you ever make.
Why Hire Spodek Law Group?
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. A firm with a track record of success and a team of attorneys who will leave no stone unturned in pursuit of justice for you or your loved one.Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don‘t look carefully at your situation – they simply want to move on to the next case.At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficulties and challenges of going through a case.If you‘re accused of a crime, schedule a consultation with our criminal attorneys today. We’ll listen to your story, explain all your options, and start building a defense strategy immediately.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could‘ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail.Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in.Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, that’s exactly what you’ll get. So if you or a loved one is facing criminal charges or a grand jury investigation, contact us immediately. The sooner we get to work, the better we can protect your rights and freedom.