GRAND JURY What is a Grand Jury How

GRAND JURY

What is a Grand Jury? How does it operate? How does it fit in the process? WHAT ARE YOUR RIGHTS?

• Work within a specific county • Usually have no input on charges • Usually deal with investigations • Do have input on initial charges

Group of Citizens Hear Allegations 13 members, 5 alternates Two panels + forepersons Prosecutor present

Established by state law

Know Your Rights No right to be present • Your attorney can’t be there, either You can request to testify • Very few exercise this right You can take a break • This allows you to confer with your attorney

Hamilton County Grand Jury Hear Testimony (usually of an officer) NO No Bill VOTE YES (must be unanimous) Indictment Returned

Hamilton County Grand Jury Secret & Confidential

Hamilton County Grand Jury Only determine probable cause

Hamilton County Grand Jury Each week judge reviews cases Indictments to Clerk’s Office Defendants arrested

Hamilton County Grand Jury Speeding Class C Misdemeanors Assault Murder All Felonies

Appellate Courts • State • Federal Criminal Court • Plea or Trial • Reasonable Doubt Standard Grand Jury • Determines Probable Cause • Indictment or No Bill General Sessions Court • Misdemeanors • Plea, Dismissal or Preliminary Hearing Arrest • Probable Cause

FEDERAL Arrest cases are rare Long investigations are norm Prosecutor chooses charges

STATE Most are arrest cases Officer makes charging decision Prosecutor reviews charges

GRAND JURY