St. Paul Criminal Defense Attorney Kevin DeVore Can Fight For You
In the U.S. Constitution, the Fifth Amendment provides that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”. This means that for a person to be tried for a serious crime, they must first be indicted by a grand jury. This includes drug cases. However, according to the Supreme Court, states are not required to use grand juries and many do not.
There are often many questions about grand juries, such as how they work and what their role is in the criminal justice system. Today, we hope to answer some of the most frequently asked questions about grand juries below.
What Is a Grand Jury and How Does It Work?
A grand jury is not the same as a trial jury, which decides whether the defendant is guilty or not guilty. A grand jury is a group of 16 to 23 people who listen to the evidence presented by the prosecutor in a criminal case and decide whether or not there is enough evidence to charge the defendant with a crime.
If the grand jury decides there is enough evidence, it will issue an indictment. If the grand jury decides not to indict the defendant, the defendant cannot be tried for that crime. Prosecutors usually present their best evidence to the grand jury and do not have to disclose all of the evidence they have to the defense.
What Happens During a Grand Jury Proceeding in Drug Cases?
The prosecutor presents evidence to the grand jury. Federal grand juries typically serve two purposes. The first is to hear evidence and decide whether or not to indict a defendant on drug charges. The second is to investigate possible criminal activity, even if there is no specific target.
Individuals who are facing certain drug charges are more likely to face to face a regular grand jury, but in cases of other drug activity, such as drug kingpins or racketeering, a special grand jury may be impaneled. Grand jury proceedings in drug cases do not involve the he-said-she-said of a trial and typically only involve the prosecutor and witnesses. Sometimes, subpoenas are used to obtain additional evidence.
The Secrecy of Grand Jury Proceedings
A grand jury proceeding is secret. This means that neither the defendant nor their attorney is present during the proceedings. Witnesses are also sworn to secrecy and cannot discuss their testimony with anyone.
What Are the Different Types of Drug Charges?
The type of drug charge will often determine whether or not a grand jury is impaneled. For example, simple possession of drugs is not likely to lead to a grand jury indictment whereas drug trafficking or distribution is more likely to do so.
Contact DeVore Criminal Defense
Grand juries have a significant impact on drug cases. Not only can they determine whether the prosecutor has enough evidence to move forward with a case, but they can also be used to determine that there is not enough evidence.
While criminal defense attorneys are normally not able to be present during grand jury proceedings, they are still able to provide support and advice to their clients. Criminal defense attorneys serve the role of protecting their clients’ rights and ensuring that they are treated fairly throughout the criminal justice process.
If you have been charged with a drug crime, it is important to understand the role of the grand jury and how it may impact your case. The experienced criminal defense team at DeVore Criminal Defense can help you navigate the grand jury process and ensure that your rights are protected. Contact us today.
You can reach us by calling us at 651-435-6500 or completing our Free Initial Consultation form.
Posted 20th May 2022 by DeVore Law Office