Grand Juries in New York: A Guide

The Role of Grand Juries

Grand juries are a key part of the criminal justice system in New York State. They play a crucial role in determining whether a person should be charged with a crime.

How Grand Juries Work

When a person is arrested for a crime, the prosecutor has the option of presenting the case to a grand jury. The grand jury is made up of 23 people who are randomly selected from the community. The grand jury hears evidence from the prosecutor and decides whether there is enough evidence to charge the person with a crime.

If the grand jury votes to indict the person, the person will be charged with a crime and will have to stand trial. If the grand jury votes not to indict the person, the charges will be dropped.

The Grand Jury Process

The grand jury process is confidential. The public is not allowed to attend grand jury proceedings, and the grand jurors are not allowed to speak about the case to anyone outside the grand jury room.

The grand jury meets in secret to hear evidence from the prosecutor. The prosecutor presents evidence to the grand jury, including witness testimony, physical evidence, and expert testimony.

The grand jury deliberates in private after hearing the evidence. The grand jury votes on whether to indict the person. A majority of the grand jurors must vote to indict the person in order for the indictment to be issued.

Your Rights as a Grand Jury Witness

If you are called to testify before a grand jury, you have the right to an attorney. You also have the right to refuse to answer questions that may incriminate you.

If you are indicted by a grand jury, you have the right to a trial by a jury of your peers. You are also presumed innocent until proven guilty.