The Grand Jury
If a grand jury determines there is probable cause, they will issue an indictment. This formal charge indicates that there is sufficient evidence to formally accuse someone of a crime and proceed to trial. The indictment serves as a crucial step in the criminal justice process, allowing the legal proceedings to advance.
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.
A common false statement about a grand jury is that it determines guilt or innocence. In reality, a grand jury's function is to review evidence presented by the prosecution to decide whether there is enough probable cause to indict someone and proceed to trial. It does not evaluate the case in terms of guilt or innocence, which is the role of a trial jury.
In many (but not all) U.S. jurisdictions which still retain the grand jury system, prosecutors often have a choice between seeking an indictment from a grand jury, or filing a charging document directly with the court. Such a document is usually called an information, accusation, or complaint, to distinguish it from a grand jury indictment.To protect the suspect's due process rights in felony cases (where the suspect's liberty is at stake), there is usually a preliminary hearing where a judge determines if there is probable cause that the charged crime was committed by the suspect in custody. If the judge finds such probable cause, he or she will bind or hold over the suspect for trial.As far as what alternatives are available to a Grand Jury when they are being presented a case -- if they believe probable cause exists to continue with the prosecution they can return a "True Bill "of indictment. If they do not believe that probable cause exists, they can return a decision of "No true bill."
No, a Grand Jury determines whether there is probable cause, and if a prosecutor has enough evidence to bring the case to trial. A petit jury determines the guilt or innocence of a defendant.
Do not understand question. WHO says it no longer has PC? Probable Cause is WHAT the prosecutor is going to prove to the jury as the foundation for the arrest and charge.
If sufficient "Probable Cause" exists to charge the individual wit the crime.
I don't believe the questioner understands the grand jury system. "You" never appear at a grand jury hearing - only the prosecutor who presents the facts of the case against you. If the grand jury finds probable cause that you committed the crime they will indict you. On the other hand - if they do not find that probable cause exists, they will "no bill" you and the charges will be dropped.
The duties of a Grand Jury are to hear the prosecutor present Probable Cause that the defendant DID commit the offense for which he was arrested. If the jury agrees that sufficient probable cause exists they "hand down" an indictment officially charging the defendant with the crime.
Generally a grand jury returns a true bill if they elect to find probable cause for a trial. That may be in the form of (1) a presentment if the case originated from a magistrate or a preliminary hearing in a lower criminal court or (2) an indictment if the case originated in the grand jury. If a grand jury finds insufficient probable cause, it will return a no true bill and the charges are dismissed.
Little or nothing. After presentation of the case to the Grand Jury "probable cause" was NOT found by a jury consisting of your peers. You could try suing the perpetrator in civil court for damages.
The role of the Grand Jury is to hear the evidence that the state has against the accused and determine if probable cause exists to bring them to trial for the offense.