In New York, the role of a grand jury in criminal investigations is often a source of confusion, especially when contrasted with the more commonly known trial jury. Operating confidentiality, a grand jury’s primary function is to assess whether sufficient evidence exists to issue an indictment and proceed with a criminal case. Understanding this critical stage of the legal process is imperative, as is retaining our committed Nassau County Criminal Defense Attorneys to protect your rights and interests. 

What is a Grand Jury and How Does It Function in New York?

In New York, a grand jury is a randomly selected panel of 23 citizens that is tasked with determining if there is sufficient evidence (probable cause) to bring an individual to trial for a felony offense. Essentially, this process acts as a check on the prosecutor’s power by preventing unwarranted criminal charges.

Unlike a trial jury, where both sides are heard in a public trial, a grand jury does not decide guilt or innocence; its role is to decide whether an indictment should be filed. Grand jury proceedings are not adversarial, as they are secret and one-sided.  These proceedings focus on the prosecution’s evidence, showing that there is reasonable cause to believe the defendant committed a felony.

The grand jury’s findings can lead to three outcomes:

  • True Bill: If a minimum of 12 grand jurors find there is sufficient evidence of a crime, they can issue an indictment. This will lead to the next stage of the criminal process.
  • No Bill: If the grand jury does not find that there is “reasonable cause” to believe a crime was committed and the person committed it, they will issue a “no bill.” This will result in the termination of the case and the release of the accused.
  • Removal to Lower Court: If the grand jury determines there is sufficient evidence for a misdemeanor but not a felony, the charges will be lowered. For those under 17, if their actions would constitute a crime for an adult, the grand jury may opt to refer the case to Family Court instead of issuing an indictment.

It should be noted that a defendant can waive the right to a grand jury indictment and agree ot be prosecuted through a Superior Court Information (SCI). This typically occurs during plea negotiations to expedite the criminal case.

What Rights Do Defendants Have During This Process?

During a grand jury proceeding in New York, a defendant’s rights are limited. A defendant can request to testify before the grand jury and request that specific witnesses be called. However, they must first serve a notice of intent to testify to he prosecution and waive their Fifth Amendment right to self-incrimination. A defendant is prohibited from cross-examining a witness or presenting evidence unless allowed by the prosecutor.

Unfortunately, a defendant is not entitled ot havetheir atorney present during these proceedings unless they are testifying. If this is the case, the attorney may be present, but they are not allowed to speak, make objections, or ask questions. An attorney can help you decide whether testifying is in your best interest, given the unique circumstances of your case.

At KCS Law, we are prepared to challenge improper evidence or procedural bias during grand jury proceedings. Connect with our firm today to schedule a consultation.