There are many steps in a criminal case, and each step is important in resolving the case. Grand Jury indictments apply to serious crimes, and it is important that you have a criminal defense attorney with experience in Georgia’s criminal courts. Keep reading to learn more about a Grand Jury, a Grand Jury indictment, and the role of a criminal defense attorney following a Grand Jury indictment.
What is a grand jury?
In Georgia, a Grand Jury is a group of at least 16 people and at most 23 people. Any person who is 18 years old and has resided in their county for at least 6 months is eligible to serve as a Grand Juror. However, anyone who is not a United States citizen, was convicted of a felony, or is considered mentally incompetent is not eligible to serve as a Grand Juror.
What is a grand jury indictment?
The Grand Jury is charged with listening to the evidence presented by the prosecutor, including listening to any witnesses the prosecutor calls. After listening to the presented evidence, the Grand Jury determines whether there is probable cause to believe that a crime was committed and that the accused person or persons committed the crime they are accused of committing. If 12 or more Grand Jurors believe that the accused person or persons committed the crime, the Grand Jury will return a formal document called a “Grand Jury Indictment.” This means that the Grand Jury’s vote does not have to be unanimous.
The Grand Jury indictment will include the words “True Bill” to indicate that the Grand Jury found enough evidence that a crime was committed, and the Defendant committed the crime. If the Grand Jury finds that there is not enough evidence to believe that the accused person or persons committed the crime, then the words “No Bill” will be included in the indictment. However, if the Grand Jury finds that the indictment brought by the prosecution was unfounded or malicious, the Grand Jury will include the words “Malicious Prosecution” on the indictment, and the prosecutor will have to pay the costs for bringing the unfounded or malicious charge.
What is the role of an attorney during a grand jury indictment?
During a Grand Jury indictment, the only person who can present evidence and call witnesses is the prosecutor. As a result, your criminal defense attorney will not be present during this process.
However, although it is rare, your criminal defense attorney can file a motion to dismiss an improper Grand Jury indictment. The motion can be filed for many reasons, including issues with the composition of the Grand Jury or issues with people serving on the Grand Jury that are not allowed to serve.
Importantly, Georgia reserves Grand Jury indictments for serious crimes, so it is important that you have a criminal defense attorney to advocate on your behalf following the Grand Jury indictment and ensure your case reaches a proper resolution.
Have questions? Give me a call.
I have decades of criminal law experience and will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!
