When people think of a grand jury, they might imagine a dramatic courtroom scene. However, the process looks very different from what you see on television. So, what is a grand jury?
Before many felony cases move through Tennessee’s criminal justice system, a group of citizens reviews the evidence presented by the prosecution to decide whether there’s enough evidence to formally charge someone with a crime.
Whether you’ve recently learned that your case is headed to a grand jury or want to know how the process proceeds, here is how it works in Tennessee.
What Is a Grand Jury?
A grand jury is a group of citizens selected to review evidence in criminal cases. They do not decide whether a defendant committed a crime. Instead, they must determine whether there is probable cause to believe a crime occurred and that the person accused may have committed it.
Before many felony cases move to a trial, the prosecution must first convince the grand jury that enough evidence exists to bring formal criminal charges.
If the grand jury finds probable cause, it issues an indictment. On the other hand, if it does not find probable cause, it can return a “no true bill.”
Is This Different from a Trial Jury?
Many people confuse a grand jury with the jury that hears a criminal trial. These are two separate proceedings.
A trial jury hears evidence from both the prosecution and the defense. They listen to witness testimony and decide whether the defendant is guilty beyond a reasonable doubt.
However, a grand jury doesn’t determine guilt or innocence. These members decide whether enough evidence exists for criminal charges to move ahead.
Along with that, grand jury proceedings are conducted in private. Unlike a criminal trial, the public is not present during these proceedings.
What Happens During These Proceedings?
The grand jury process is led by the prosecutor. They will present evidence supporting the proposed criminal charges. That evidence may include:
- Testimony from law enforcement officers
- Witness statements
- Documents and records
- Physical evidence
- Other information related to the alleged offense
Unlike a trial, the defense does not have an opportunity to present evidence, cross-examine witnesses, or argue the case before the grand jury.
After reviewing the evidence, the grand jurors will deliberate and vote on whether probable cause exists to issue an indictment.
Does Every Criminal Case Go Before a Grand Jury?
Not every criminal case in Tennessee requires grand jury review. These juries are common with felony offenses, but many misdemeanor cases are handled through different court procedures.
In some situations, prosecutors may proceed by using other charging methods permitted under Tennessee law. The specific process depends on the nature of the offense and how the case began.
Can the Defendant Attend?
Grand jury proceedings are not open to the public. In these cases, defendants do not have the right to attend or have their attorney present while the prosecutor presents evidence.
Since the proceedings are conducted in secret, witnesses who appear before the grand jury may be questioned without the public present, and the grand jurors deliberate privately before reaching a decision.
What Happens After a Grand Jury Decision?
If the grand jury returns an indictment, the criminal case moves ahead in court. Keep in mind that doesn’t mean the outcome has already been decided. The prosecution must still prove every element of the offense beyond a reasonable doubt if the case goes to trial.
If the grand jury declines to indict, the case may not move forward in its current form. However, depending on the circumstances and the availability of additional evidence, prosecutors may have other legal options.
The Grand Jury Process Is Important in Tennessee
Now that you know what a grand jury in Tennessee is, you can prepare for the rest of your potential case. A grand jury is not deciding whether someone is guilty. It decides whether enough evidence exists to formally charge a person with a crime.
If you are under investigation or have been indicted for a criminal offense in Tennessee, you need to know your rights and the legal process ahead. At Erik Herbert Law, we are here to protect your constitutional rights and build a defense strategy tailored to your case. Reach out today to schedule a consultation.
