Understanding the Criminal Justice System
You’ve probably heard it many times before: “A grand jury has issued an indictment,” or “A grand jury has been hearing testimony,” or other phrases that discuss grand juries in Indiana. As with many legal terms, they’re often used by lawyers without a lot of explanation as to what they mean. At Razumich & Associates, we get lots of questions from clients about the grand jury process, so here are some frequently asked questions – and answers – about grand juries in Indiana.
Q. What is a Grand Jury?
A grand jury is a group of at least 6 citizens, with one additional person who may serve as an alternate. It’s typically made up of people called to serve jury duty, except that instead of hearing one particular trial, a grand jury may hear testimony about a number of different criminal cases over an extended period, up to 6 months. A prosecutor may ask the court to call a grand jury into session, or on occasion, the court can do so on its own.
Q. What Does a Grand Jury Do?
Instead of deciding whether or not a defendant is guilty of a crime, a grand jury will decide whether there appears to be enough evidence to indict or charge a person with a felony. The person who is the focus of the grand jury’s investigation is called the “target.” In deciding whether to indict or not, the grand jury will consider evidence, usually in the form of witness testimony and documents that a witness appearing before the grand jury has knowledge about. The legal name for this process is an “investigation,” which is when grand juries conduct investigations of
target individuals identified by prosecutors based on witnesses and evidence presented to the jury by prosecutors.
Q. What Kinds of Crimes Do Grand Juries Investigate?
Grand juries investigate potential felonies. If they believe there is enough evidence to support a felony charge against a defendant, the grand jury will issue what is called a “true bill” to indict the target of the grand jury investigation with one or more specific felonies.
Q. Do Grand Juries Always Vote to Indict?
Grand juries are not required to vote to indict a target. In cases where at least 5 grand jurors are unable to agree to indict a target, the target will not be charged with a crime. As a practical matter, however, because prosecutors control what evidence is presented to the grand jury and also advise the grand jury about the applicable law, most matters investigated by grand juries result in an indictment.
Q. Can I Defend Myself Before a Grand Jury?
If you are a target called to testify before a grand jury, you are entitled to have an attorney represent you when you appear. Your attorney may advise you during your testimony but is not allowed to address the grand jury or the prosecutor, object to questions asked by the prosecutor, question any other witnesses, or participate in the grand jury investigation in any other way.
Q. Can I Find Out What Happened During a Grand Jury Investigation?
Generally, no. Grand jury proceedings are held in secret, with only a very limited number of people allowed to review the transcript of the grand jury testimony or to disclose any evidence or the vote of the grand jury to anyone else.
If the grand jury indicts you, or if the grand jury refuses to indict you, you will obviously know of the results of the grand jury investigation. And if you’re indicted, the prosecution may be required to disclose some of the grand jury testimony to your attorney, particularly if a witness who testified before the grand jury will be called by prosecutors to testify against you at trial.
Razumich & Associates Can Help You if You’re a Grand Jury Target or Witness
If you’ve been called to testify before a grand jury, whether as a target of the jury’s investigation or as a witness, you very likely have questions about what’s going to happen and what your rights are. Sometimes, for example, witnesses are asked to testify about matters that could end up leading to charges being filed against the witness. In this kind of situation, you may be entitled to immunity from prosecution, but only if you ask for it. And if you’re a target, you’re entitled to have an attorney with you when you testify before the grand jury to advise you of your rights (including the right not to incriminate yourself) during that testimony.
At Razumich & Associates, we understand how the grand jury process works in Indiana. Our experienced criminal defense attorneys are ready to help you with your testimony, whether you’re a witness or a target, and to defend you if you later face charges. Call us today at 317-449-8661 or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys. The grand jury process can be difficult to navigate safely; let Razumich & Associates help!
