From Roger Stone to Jussie Smollett, there have been a number of recent high-profile court cases going before grand juries at the federal and state level. We have heard of grand jury indictments handed down and hours of grand jury testimony given. So, what exactly is a grand jury?
Many people have misconceptions about how grand juries work, often confusing them with the juries that would decide the verdict in a criminal case. There is an assumption that a grand jury indictment is the equivalent of a guilty verdict, but that is not the case. You should talk to a knowledgeable Illinois criminal defense attorney if you were charged based upon grand jury proceedings. The following are some common questions about grand juries.
How does a criminal case get to a grand jury? To arrest someone, the police must have a warrant supported by probable cause or a reasonable suspicion of criminal activity. They may have grounds to charge someone based upon their own observations, a report from a witness, or other evidence of a crime.
When there is not sufficient probable cause or a reasonable suspicion to support an immediate arrest, a grand jury can be called to hear what evidence is available. A prosecutor presents the results of an investigation and witness testimony to members of the grand jury. These individuals review the evidence and, if they determine there is sufficient probable cause, they hand down an indictment.
What is the difference between a grand jury and a trial jury? A jury in a criminal trial determines whether a defendant is or is not guilty beyond a reasonable doubt, after considering all the evidence presented by the prosecution. A grand jury determines whether there is enough evidence to file charges in the first place.
How does a prosecutor get an indictment from the grand jury? The level of proof for a grand jury indictment is much lower than the “beyond a reasonable doubt” requirement in a criminal trial. The prosecutor only needs to prove that probable cause exists, i.e., a logical belief that a crime has been, is being, or will be committed. This standard is extremely low. In fact, it is lower than the preponderance of the evidence burden of 51% in a civil case. So, while the scales of justice have to tip in favor of the plaintiff in a civil case, those same scales can remain balanced in the favor of the defendant and charges may still legally be filed.
What is next in the criminal process after a grand jury indictment? Once a grand jury issues an indictment, the suspect is arrested on the charges alleged by the prosecutor. From this point, the criminal process is the same as if police made an arrest at the scene of the crime. However, there is no need for a preliminary hearing because questions regarding probable cause were already addressed by the grand jury.
Consult with a Skilled Criminal Defense Attorney About Grand Jury Proceedings
If you were arrested after a grand jury indictment, please contact Glasgow & Olsson at 847.577.8700 or via our website. We can set up a consultation to explain how your criminal case will move forward and discuss potential strategies to defend against the charges.
(image courtesy of Brandon Mowinkel)