Criminal Law Questions? Ask a Criminal Lawyer.
Good evening, my name is Brandon. I am a licensed attorney, and it is my pleasure to help..
First, was this a state or federal grand jury? If state, which state?
Hi again. That's not my answer, but please understand that I am a real, live person. Your reply came 24 hours after the question posed, I don't interact with customers 7 days per week, and I was off the website for a few days. I'm definitely glad to resolve your original question.
What is your reason for wanting a new grand jury? Was there a procedural error, or something else?
Thanks for that clarification. I'm so sorry that this happened. Here's the situation:
The grand jury is a procedural safeguard, primarily designed to protect the public against rogue District Attorneys who file malicious or frivolous criminal charges. They don't determine guilt or innocence, and it is not a trial--they are asked to look at the evidence of guilt and determine if there's enough evidence to move forward with a criminal trial. Note that I said they are asked to look at the evidence of guilt; I am not saying that they are asked to look at all of the evidence. They're basically told "this is why we think the defendant is guilty." If the Grand Jury is then persuaded that the defendant might be guilty, it can then go to a criminal prosecution. The criminal prosecution is where the state must prove guilty beyond a reasonable doubt, where the defendant can confront witnesses and question evidence, and where the defendant can put forward a defense.
The defendant doesn't have to be notified that a grand jury is convening (and oftentimes isn't). Procedurally, it's not the right time or place to challenge evidence. Think of the Grand Jury like the District Attorney's supervisor who has to approve a criminal prosecution. The DA goes to the Grand Jury and says "we think he should be prosecuted: here's why." When the prosecution is approved, actual guilt is then determined by the court (and usually a jury).
So getting a new grand jury based on bad or incomplete information isn't a possibility. The Grand Jury isn't expected to have all the information, nor is the defendant expected to mount a defense. They're just a second set of eyes to make sure that the DA isn't abusing his/her power. The trial is where the prosecution has to again present all of their evidence and the defendant is allowed to question all of it and present a response.
I hope that makes sense. Let me know if further clarification is needed, and please remember to leave a positive rating when you're finished (it is how I am credited for my answers.) Thank you!
That statistic isn't correct. Did you mean 99.935% of people get prosecuted after a grand jury votes for indictment? I don't know the statistics, but that would be more believable.