Get CA Grand Jury Fact Sheet 2017

Federal Rule of Criminal Procedure 6 Rule 6 of the Federal Rules of Criminal Procedure governs grand juries. It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment. A grand jury is instructed to return an indictment if the probable cause standard has been met.

Once the grand jury hears the evidence, it votes to indict or to not indict, based on whether there is probable cause to believe the defendant is guilty. A minimum of 16 grand jurors must be present to vote (a quorum), and at least 12 must vote in favor of an indictment before charges can be brought.

The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of where, when, and how the defendant allegedly committed the offense.

The statute of limitations is five years for most federal offenses, three years for most state offenses. The federal and state grand juries are impaneled for a specific period of time; however, if they do not reach a conclusion on your case, the prosecutor can start over with the newly impaneled grand jury.

When a person is indicted, he is given formal notice that it is believed that he committed a crime. The indictment contains the basic information that informs the person of the charges against him. ... A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

After a grand jury indictment, a defendant has the opportunity to enter a plea. ... If a defendant has yet to be arrested, he or she could be following the indictment. For defendants already in jail after their arrest and unable to bail themselves out, they could remain there after an indictment to await trial.

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies.

What Grand Juries Do. When a grand jury is convened, the jury members evaluate the strength of the prosecutor's evidence to determine if there is probable cause to issue an indictment. Probable cause means that there are enough objective facts to support the prosecutor's claim.

My Case is Going to a Grand Jury. ... The main purpose of a grand jury is to decide whether an individual should be charged (or indicted ) for a specific crime, usually only serious crimes. Because of the purpose of this proceeding, it is usually one of the first procedures in a criminal trial.

After an Indictment is Obtained An arraignment is a hearing before the judge that informs the defendant of the charges against him. The defendant then has a choice to make a plea bargain with the prosecution, or to move forward with a jury trial.

The federal statue of limitations applicable to drug crimes requires that a person be indicted within five years from the date of the alleged commission of the offense. In the case of a conspiracy, the person must be indicted within five years from...

The statute of limitations is five years for most federal offenses, three years for most state offenses. The federal and state grand juries are impaneled for a specific period of time; however, if they do not reach a conclusion on your case, the prosecutor can start over with the newly impaneled grand jury.

As a general rule, however, if you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide within 72 hours which charges, if any, will be filed. Many states adhere to this 72-hour limit. How long you can be held without charges will depend on a few factors.

An indictment means formal charges have been brought by a grand jury. It's common for charges to result in an indictment that long after arrest. You're innocent until proven guilty in a court of law, so no, an indictment by itself doesn't mean...

A federal indictment is a formal legal document that charges an individual with a federal crime. Usually, an indictment is issued after a grand jury convenes and determines that there is probable cause to believe that the subject of the indictment committed the crime in question.