What Is a Grand Jury? A Plain Guide to How Indictments Work

News stories often report that a grand jury has returned an indictment. For many readers, that phrase raises questions. What is a grand jury, and how is it different from the jury we see in a courtroom drama?

This guide explains the basics in plain language. It focuses on the federal system in the United States, with notes on how states can differ. It is general information, not legal advice.

The Basic Role of a Grand Jury

A grand jury is a group of citizens who decide whether there is enough evidence to formally charge someone with a crime. It does not decide guilt or innocence. That is the job of a trial jury.

In the federal system, the Fifth Amendment to the Constitution requires a grand jury indictment for serious federal crimes. This requirement is meant to place a check on the power of prosecutors.

Grand Jury vs Trial Jury

Size

A federal grand jury has between 16 and 23 members. A trial jury is usually 12 people in criminal cases, though some states use smaller juries for certain cases.

Standard of proof

A grand jury asks whether there is probable cause to believe a crime was committed and that the person committed it. A trial jury must find guilt beyond a reasonable doubt, a much higher standard.

Proceedings

Trials are generally open to the public, with both sides presenting their case. Grand jury proceedings are private, and typically only the prosecutor presents evidence.

How the Process Works

Prosecutors bring evidence before the grand jury, often through documents and witness testimony. Grand jurors may ask questions of witnesses. The grand jury can also issue subpoenas requiring people to testify or provide records.

The person under investigation usually has no right to present their side, and their lawyer is generally not present in the room. Witnesses in federal proceedings may step outside to consult with their own attorneys.

After hearing the evidence, the grand jurors vote. In the federal system, at least 12 jurors must agree to return an indictment, which is sometimes called a "true bill." If they decline, it is called a "no bill."

Why Grand Juries Are Secret

Grand jury proceedings are kept confidential for several reasons. Secrecy protects witnesses from pressure, encourages honest testimony, and prevents a suspect from fleeing. It also protects the reputation of people who are investigated but never charged.

How States Differ

Not every state relies on grand juries the same way. Some states require them for serious felonies. Many others allow prosecutors to file charges through a document called an information, followed by a preliminary hearing before a judge.

Because the rules vary, anyone involved in a state case should look to that state's laws or a local attorney.

What Happens After an Indictment

An indictment is a formal accusation, not a conviction. After an indictment, the accused is arraigned, enters a plea, and the case moves forward through the court process. The person remains presumed innocent unless proven guilty at trial or through a plea.

Common Myths About Grand Juries

One common myth is that an indictment means the case is strong enough to win at trial. In reality, probable cause is a fairly low bar, and many indicted cases are later resolved through a plea, dismissed, or tried with a different outcome.

Another myth is that grand jurors are legal experts. They are ordinary citizens chosen from the community, much like trial jurors. They serve for a set term and may hear many different cases during that time.

Understanding the Headlines

The next time you read that a grand jury has indicted someone, you will know what it means. Citizens reviewed the evidence and found enough to send the case forward, and the real test of guilt still lies ahead.

If you or someone you know is facing a grand jury subpoena or investigation, speaking with a qualified attorney is the most important first step.