You cannot appeal a finding, or re-open a case, whiich has been presented to a Grand Jury and on which they have already ruled. If an indictment was handed down the only option the defendant has is to fight the case in court.
The Grand Jury is to decide if the evidence warrants prosecution.
to determine if there is sufficient evidence to formally charge the defendant / suspect.
YOU (individually) don't NEED and can't request, a Grand Jury. Grand Juries are convened at the direction of the government, not at the request of the defendant. A grand jury decides if there is enough evidence to stand trial.
It depends on the parties in a case to demand for the Jury Trial. It is the plaintiffs right to demand for the Jury or Judge Trial. If the case is involved trial of a heinous crime or matter of public importance, case will be tried by the Jury.
A grand jury is a group of citizens (often 23) that is empowered to investigate potential criminal conduct in order to determine if criminal charges should be brought. Their job is to decide if there is probable cause to believe certain offences were commited. It is called a "grand" jury because it traditionally has more jurors than a trial jury.
You don't request a hearing before a Grand Jury. As a matter of fact, you don't even attend your own hearing. If you are arrested, your case will automatically be presented to a Grand Jury for them to consider if they will charge you with the crime or not.
A Grand Jury is a term where, basically, the state puts their case to the Grand Jury and the Jury basically tells them if they believe that there is a case to answer. The Grand Jury does not hear the whole case and doesnt make a decision on anyones guilt or innocence. Grand Juries can be empaneled at state and federal level.
Federal Commissioner
A grand jury should not be considered as being one-sided. The grand jury hears the case put before them, usually with unbiased relations with the subject of the case. It is rare that a juryman would be presented with a case that he/she personally has anything to do with.
what are all the procedlural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Yes. If it goes to a grand jury, it must be decided by the grand jury whether or not to indict before a criminal court case is even scheduled. If the grand jury does not agree to indict, there will be no court case.
First, a grand jury, as is the case of any other types of jury, is a jury assembled of people from the general public. This is what makes a jury public. Indict means for a grand jury to decide that there is enough evidence to bring an accused before the court to answer the charges.
the U.S marshal.
Yes. A grand jury is just determing whether probable cause exists, which may be the case even if conflicting or exculpatory evidence exists. A defendant may request to testify before a grand jury, and will often be given the opportunity to do so, but does not have the right to testify.
I think you would have to go before a judge and state your case why you should be dismissed. I was asked to be on my local grand jury and had an interview with a judge before hand and I know you sign on for 2 years to be on the jury. I don't think they will let you off with a flimsy excuse.
It is an indictment issued by a Grand Jury after the defendant has already had an initial appearance in his case, and the case has been set for a preliminary hearing before court. However, in the meantime the State has indicted the defendant by grand jury proceedings. This 'supervening' action by the Grand Jury indicts the defendant and has the effect of rendering all previous court actions in the defendant's case null and void.
The grand jury never decides guilt. The grand jury decides whether or not to indict, based on the sufficiency of evidence.