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What does a witness do at a grand jury hearing?
They answer questions put to them by the prosecutor in charge of the grand jury and occasionally, answer questions from members of the grand jury itself.
What purpose does a grand jury or preliminary hearing serve?
Depending on the state you are in (some use the Grand Jury System and others use the Preliminary Hearing system) it is the hearing at which the defendant is formally charged with the offense he was arrested for.
How long after a prelimenary hearing before you get indicted?
If the jurisdiction in question adheres to the Grand Jury system of indictment, the GJ will indict by handing down a "true bill" in the sequence in which it was presented to them. HOWEVER - if the jurisdictions NOT utilizing a Grand Jury system, your Preliminary Hearing IS your idndictiment and the presiding judge decides if there is enough Probable Cause to bind you over for trial.
Can a preliminary hearing be held without the defendant?
Yes. Grand Jury.
What is the standard of proof for a grand jury presentation?
Before a formal criminal trial may take place, the prosecution must either file a Bill of Information, or have the defendant indicted by a Grand Jury. The defendant has no right to confront witnesses at the Grand Jury hearing and the standard of proof to indict for trial is by a preponderance of evidence, or "more likely than not".
Does the Supreme Court require a grand jury hearing in state felony cases?
No not ever.
Can grand jury indictment be thrown out due to bias?
A grand jury indictment is a charge issued by a grand jury in a criminal case. Typically, the jury determines whether enough evidence exists to formally charge the suspect with a criminal crime. Grand jury indictments are not dismissed by the court but in a formal hearing, a defense team can argue against any bias.
What does it take for grand jury to convict some one for the death penalty?
The grand jury does not convict anyone of anything. The grand jury hears the evidence presented by the prosecutor. If the grand jury thinks the prosecutor has adequate evidence, then the grand jury indicts that person. A trial will then be held before a petite jury, or small jury. It is that jury that determines if someone will get the death penalty.
In preliminary proceedings can a defense attorney also call witnesses before a grand jury?
A Grand Jury only hears witnesses brought forth by the prosecutor. The defense attorney(s) and defendant(s) are not present at the hearing. Witnesses are not allowed to have their attorney present, but may excuse themselves to confer with legal counsel outside of the hearing/court room.
If a defendant is arrested in a jurisdiction that doesn't require a grand jury indictment a court will then conduct a what?
A 'preliminary hearing.' aka. a probable cause hearing.
What does supervening indictment means?
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.
Group that determines whether to accuse someone of a crime?
In jurisdictions where they still exist, the answer to the question is a Grand Jury.In states which no longer (or never did) have a grand jury system, a court heraring (known as a probable cause hearing) is held where the Prosecutor's Office presents the cause for PC to a judge.
