Key Takeaways
- A grand jury decides whether there is enough evidence to bring charges, not whether someone is guilty.
- Grand juries are commonly used in Maryland felony investigations and other serious criminal cases.
- An indictment is not automatic—grand jurors must find probable cause before charges move forward.
- Witnesses may be subpoenaed to testify, and grand jury testimony is given under oath.
- Grand jury proceedings are generally one-sided, with prosecutors presenting evidence and the defense typically absent.
A grand jury does not determine whether someone is guilty of a crime. Instead, it decides whether prosecutors have enough evidence to bring certain criminal charges. If your case is being presented to a grand jury in Maryland, it often means prosecutors are seeking an indictment in a serious criminal matter. In Annapolis and throughout Maryland, having an attorney who understands grand jury proceedings can help to protect your rights.
What Is a Grand Jury in Maryland?
A grand jury is a group of citizens tasked with reviewing evidence presented by prosecutors. Their role is not to decide guilt or innocence. Instead, they determine whether there is probable cause to believe that a crime occurred and whether formal charges should be filed.
Grand juries are commonly used in felony investigations and other serious criminal matters. The proceedings are conducted privately, and the standard of proof is much lower than that required at trial.
Why Would a Criminal Case Go to a Grand Jury?
Not every criminal case requires a grand jury. Prosecutors typically use grand juries when they are seeking formal charges in more serious matters or when they want to present evidence through a confidential process.
Cases commonly presented to grand juries may involve:
- Serious felony allegations
- Violent crimes
- Drug trafficking investigations
- Complex financial crimes
- Cases involving multiple witnesses
In Annapolis criminal cases, a grand jury often signals that prosecutors believe the matter warrants more significant charges than those typically handled through a standard charging process.
Does a Grand Jury Mean You Will Be Charged?
No. One of the biggest misconceptions about grand juries is that an appearance before a grand jury automatically results in charges. In reality, the grand jury must decide whether probable cause exists.
After reviewing the evidence, the grand jury may:
- Return an indictment
- Decline to indict
- Request additional investigation
While indictments are common, they are not guaranteed. The outcome depends on the evidence presented and whether jurors believe it satisfies the probable cause standard.
Do You Have to Testify Before a Grand Jury?
Sometimes. Witnesses can be subpoenaed to appear before a grand jury. However, whether a person should testify depends heavily on their role in the investigation.
Some individuals appear as witnesses. Others may be considered subjects or targets of the investigation.
Because grand jury testimony is given under oath and can have significant legal consequences, anyone who receives a subpoena should take it seriously. Questions about constitutional rights and self-incrimination often arise in these situations.
What Happens During a Grand Jury Proceeding?
Grand jury proceedings are conducted in private.
Typically, prosecutors present evidence through documents, testimony, law enforcement officers, and other witnesses. The defense generally does not present evidence, cross-examine witnesses, or argue the case during the proceeding.
Jurors review the information and decide whether probable cause exists to support the proposed charges. Because the process is not adversarial as in a trial, the grand jury hears only a portion of the overall picture.
What Happens After the Grand Jury Votes?
Once deliberations conclude, one of several outcomes may occur.
If the grand jury finds probable cause, it may issue an indictment. An indictment formally initiates criminal charges and allows the case to proceed through the court system.
If the grand jury declines to indict, the matter may end or prosecutors may continue investigating and seek additional evidence.
In some situations, prosecutors return to the grand jury later with supplemental information.
Why Grand Jury Proceedings Often Favor Prosecutors
Grand jury proceedings are designed to determine whether charges should be filed, not whether someone should be convicted.
Because prosecutors control the presentation of evidence, they typically decide what information the grand jury sees and hears. Defense attorneys generally do not have the opportunity to present competing evidence during the proceeding.
The standard is also relatively low. Prosecutors need only establish probable cause rather than prove guilt beyond a reasonable doubt.
For these reasons, grand juries often approve indictments when prosecutors choose to seek them.
What Should You Do If You Learn Your Case Is Going to a Grand Jury?
If you discover that your case is being presented to a grand jury, avoid assuming the outcome is predetermined. Important steps include:
- Taking any subpoena seriously
- Preserving documents and communications
- Avoiding contact with potential witnesses
- Understanding whether you are a witness, subject, or target
- Learning how the investigation may affect your rights
The decisions made during this stage can affect how the case develops moving forward.
What a Grand Jury Means for Your Case
A grand jury proceeding is an important stage in many serious Maryland criminal cases. While it does not determine guilt or innocence, it can determine whether formal charges move forward.
If you believe your case may be headed to a grand jury in Annapolis or elsewhere in Maryland, turn to Hartman Attorneys at Law. We can help you understand the process, evaluate your situation, and prepare for the next stage of your case. Connect with us today.