What Does Grand Jury Indictment Mean in New York, NY?

Grand jury indictment is the formal charging document for any felony a person is accused of. 

Grand Jury vs. Jury

A jury decides whether an accused is guilty or not. A grand jury decides whether there is probable cause to charge an individual with the commission of a federal crime.

To compare, when jury decides that an accused is guilty, the accused is considered convicted of a crime. The decision of a jury is called a verdict of either guilty or not guilty.

When a grand jury decides to charge an individual for the commission of a federal crime, that individual only becomes an accused who is still considered innocent until proven guilty beyond reasonable doubt. Thus, the decision of the grand jury is considered an indictment.

What Happens After Grand Jury Indictment

After a grand jury indictment, arraignment occurs. When an accused is arraigned, he is formally notified of the charges and is then asked to enter a plea of either guilty or not guilty.

Thereafter, pre-trial proceedings are conducted, which involves discovery, motions, and hearings. At this point, the prosecution and defense discover and exchange evidence and information relevant to the case.

Trial then proceeds either before a judge or jury, depending on the case. Here, both the prosecution and defense present their evidence and witnesses.

After trial, a judge or jury delivers the verdict of guilty or not guilty. If the accused is found guilty, the judge determines the appropriate sentence, which may include or be a combination of fines, probation, and imprisonment.

Bail Before or After Grand Jury Indictment

Once a person is arrested and before he is brought before a grand jury and indicted, such person may post bail if granted by the court. Once out on bail, even if the individual is indicted by the grand jury, the likelihood that the court will continue the conditions for bail is high, unless the conditions for bail were violated.

When the grand jury issues an additional or different charge, the individual must post bail on that particular charge in order to remain free. For individuals who are unable to post bail, they may be held in custody awaiting trial.

There are, however, crimes that are not subject to bail, such as offenses carrying a maximum sentence of life imprisonment or death, repeat felony offenses, violent offenses, sex offenses, and the like.

Legal Representation During Grand Jury Indictment

Although having a lawyer is not required, it is important to be legally represented, not only during grand jury proceedings, but when one is being investigated. An experienced federal criminal defense lawyer can assist the individual in safeguarding his rights from unlawful searches, coerced confessions, and other forms of misconduct by the law enforcement agencies. Experienced legal representation can give the individual a comprehensive understanding of the legal process and through such guidance, assist the individual in crafting a solid and effective defense from the onset. A lawyer can also represent the individual in negotiating with the prosecution for a reduction of charges and in securing favorable plea deals.

Should you need representation in a crime requiring grand jury indictment, we, at the law offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].