Grand Jury New York City

Grand Jury Indictments in New York City: A Guide

Understanding the Grand Jury Process

In New York City, most felony cases proceed through the grand jury process before going to trial. A grand jury is a panel of 16 to 23 citizens who hear evidence from the prosecution and decide whether there is enough evidence to indict the defendant on a crime.

Role of the Grand Jury

The grand jury does not determine guilt or innocence. Its role is to decide whether there is probable cause to believe that the defendant committed a crime. If the grand jury votes to indict, it means that they believe there is enough evidence to support the charges. The defendant then moves on to trial.

If the grand jury votes not to indict, the charges against the defendant are dismissed. However, the prosecutor may still file a new case against the defendant if they believe they have additional evidence.

Grand Jury Secrecy

Grand jury proceedings are secret. This is to protect the rights of the defendant and to ensure that the witnesses can testify freely. In most cases, the public is not allowed to attend grand jury hearings.

Waiver of Grand Jury

In some cases, the defendant may waive their right to a grand jury hearing. This means that the defendant agrees to have the case proceed to trial without a grand jury indictment. The defendant's attorney may recommend waiving a grand jury hearing if they believe there is a strong case against the defendant.

Conclusion

The grand jury is an important part of the criminal justice process in New York City. It provides a check on the power of the prosecutor and helps to ensure that defendants are not wrongfully accused.