Although the grand jury is not generally involved in criminal cases, if they are, it is vital that you understand their role in your case. Of course, the best way to understand more about how a grand jury can affect your case is to speak with a criminal defense attorney in Laguna Beach CA who can give a free legal consultation. Call Simmons Wagner, LLP at (949) 439-5857 right now to learn more.
The Role of the Grand Jury
A grand jury is a group of people who act in the same way as a trial jury. They can be called upon in both criminal and civil cases. However, their job is unique from that of a member of a trial jury. The prosecutor presents evidence to the grand jury, which must determine if there is sufficient evidence to prove that the accused committed the offense.
The task of the grand jury is not to determine whether the defendant is guilty or not; rather, it is to determine if charges should be filed. If they feel it is more probable than not that the accused committed a crime, they will file an indictment.
Different states conduct grand juries in different ways
Several jurisdictions use a minority strategy when it comes to grand juries. This means that the prosecutor’s primary obligation is to prove that the defendant is guilty of a crime. If there is strong, credible proof that the accused did not commit the offense, the prosecution is not required to provide evidence. The criminal defense attorney, according to this perspective, will have the chance to submit that evidence at trial.
Even if the accused had an excellent alibi, if they were apprehended for grand theft and fingerprints from the defendant were found at the crime scene as well as a bag of money at their residence, they would be found guilty.
The alternate option, which is adopted in most states, is the majority opinion. Prosecutors are obligated to provide the grand jury the whole truth. It is necessary to make public any convincing evidence that indicates to innocence. This does not, however, entail that the prosecutor is required to disclose every piece of evidence that the defense may use at trial.
Consider the case of a serial liar who is one of the prosecution’s witnesses. Although this information may be valuable to the defendant at trial, it does not constitute direct proof of the accused’s innocence, and hence the prosecutor is not required to offer it. It’s also worth emphasizing that the prosecution isn’t required to seek proof of innocence; rather, they must simply provide evidence that they already have.
If you have questions, or you are facing criminal charges, contact Simmons Wagner, LLP at (949) 439-5857 for a consultation with a criminal defense attorney in Laguna Beach CA.