The Grand Jury Process
A grand jury is a group of citizens selected for court service to decide whether a person should be formally accused of a crime, especially a felony. Unlike a criminal trial jury, which decides whether a suspect is guilty of the crime charged, a grand jury merely decides whether a person should be charged with a crime, and if so, what crime to charge.
Criminal Prosecutions
In Ohio, prosecutors are ultimately required to use grand juries to pursue criminal charges in felony cases unless the accused person waives that right and consents to the prosecutor proceeding on a Bill of Information instead. Grand jury proceedings are secret. The only attorney appearing is the prosecutor. No judge or defense lawyer is present. Defense lawyers are not even permitted in the grand jury room.
Indictment for Crimes
Typically, only the prosecutor's side is presented, and grand juries almost always return indictments. Indictments are the formal charges. These allegations can vary from the charges originally filed at the Municipal Court level. A grand jury can decide to indict on misdemeanor charges, felony charges or both. When a grand jury decides a crime has been committed, they return indictments, which are simply documents setting forth the offense charged and naming the person accused. This is called a "true bill". When a grand jury decides that no offense took place, this is called a "no-bill".
Secret Indictments by Grand Juries
Indictments often remain secret until the accused person has been served with a copy. This is why the charges may not appear in the court records or on a court website prior to the accused person being arrested. Felony indictments are filed in the Court of Common Pleas for the applicable county. Cases begin anew with an initial appearance and/or arraignment, where the issue of bond is typically addressed.
Grand Jury Witnesses
Often witnesses appearing in front of a grand jury, usually after being served with a subpoena to testify, are prosecuted afterwards based on their testimony. If you are subpoenaed to appear before a grand jury, immediately seek the advice of a qualified criminal defense lawyer.
Questions about the Grand Jury Process
If you have questions or concerns about the grand jury process in Ohio and how it may affect your legal situation, contact Attorney Dan Weisenburger for a free consultation. With law offices in Portage County (Ravenna) and Summit County (Stow), he can readily answer your questions about criminal law and the grand jury process. You don't want to gamble when the stakes are so high.
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