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The process by
which a person is formally charged with
a crime in a
felony case
involves the Grand Jury.
When the
police file a felony case with the
District Attorney's Office, the case is
sent to the
Grand Jury Division. That division of
the District Attorney's Office has
several options. It may present the case
to the Grand Jury as filed
to attempt to seek
an indictment, or
may request additional
information from the filing police
agency, or in some unusual cases, may
decide that the case should be filed as
a misdemeanor.
If the
DA's office
decides to seek a felony indictment, the
case is presented to the Grand Jury.
The Grand Jury is composed of not
more than twelve citizens summoned to
serve as grand jurors to consider
whether an indictable offense has
occurred in the cases presented to them.
The District Attorney has broad
discretion in considering the cases to
present.
The Grand Jury proceeding is secret.
An
arrested person whose case is being
considered by the Grand Jury has no
statutory right to be present when the
evidence is being presented.
The attorney representing the arrested
person similarly has no right to be
present. Only the grand jurors
themselves, the attorney for the state,
the bailiffs and stenographers may be
present. Generally, however, the
arrested person may submit written
material for the Grand Jury to consider.
When the Grand Jury has considered the
case, a vote is taken and if at least
nine members of the Grand Jury concur
with the bill presented by the attorney
for the State, the Grand Jury has found
a "true bill" and an indictment
will be issued.
An
indictment is the written statement of a
grand jury
accusing a person of a crime. If an
indictment issues the case will be filed
in the District Clerk's office, assigned
to one of the District Courts and a
criminal prosecution will commence. On
the other hand, if less than nine of the
grand jurors concur in the bill, the
Grand Jury has
issued what is referred to as a "no
bill" and no indictment will issue.
Contact us today if you have been
arrested for a felony; have been
notified that you are under
investigation; have been notified that
you have a case pending against you that
is to be considered by the Grand Jury,
or received a Grand Jury subpoena. |
