Grand Jury Proceedings

In New York, the Grand Jury is a secret proceeding, closed to the public, whereby a group of 16 to 23 jurors review evidence to determine whether there is exist sufficient evidence to indict a defendant on a felony charge. Grand Juries also investigate criminal conduct and allegations of neglect of office or misconduct of public officials.

A defendant has the right to testify before the Grand Jury with an attorney present as well as request witnesses to testify on their behalf. During the Grand Jury proceeding the defendant’s attorney is not permitted to object to the prosecutor’s questions or speak to the Grand Jury. There are no judges present during a Grand jury presentation, however they do act as advisors, and issues involving a grand jury presentation can be reviewed by a judge. This usually takes place in the form of a defense attorney requesting that the court review the Grand Jury minutes shortly after indictment.

If at least 12 members of the Grand Jury determine that there is sufficient evidence for the case to proceed to trial, an indictment will be filed containing the Felony charges voted on by the Grand Jury. A Grand Jury may also decide that there is insufficient evidence that a felony had been committed, but rather that there is sufficient evidence that a Misdemeanor was committed. In this situation, the Grand Jury may reduce the charge and direct the prosecutor to file a misdemeanor information with the criminal court charging the defendant with a Misdemeanor. If a Grand Jury determines that there is no reasonable cause to believe that the defendant committed any offense, the court must dismiss the charges. This is known as a No True bill.

Once a defendant is indicted on a Felony charge, a court date is scheduled and the defendant is arraigned on the indictment. At this time the court will reconsider the defendant’s custody status in light of the indictment and revisit the issue of bail.

In New York, for a case against a defendant to proceed on the Felony level, the prosecutor must either present the case to a Grand Jury and obtain an indictment, or have the defendant waive his right to an indictment in what is known as an SCI plea.

Often a prosecutor will agree to a favorable sentence and resolution for a criminal defendant providing the defendant waives his right to an indictment and enters into an SCI plea. It is often advantageous for a defendant to enter into a pre indictment SCI plea because once a defendant is formally indicted, plea and sentencing guidelines will kick in that are often more rigid and severe than if the defendant had resolved the case without an indictment. Not all cases can be resolved pre indictment, however if you have been charged with a Felony, it’s important that you seek legal counsel immediately to explore all the options available to you.