Grand Jury

A grand jury is a group of regular citizens — not a trial jury — whose job is to decide whether the prosecution has enough evidence to charge someone with a serious crime. They listen to evidence in secret, ask questions, and vote on whether to issue an indictment. Unlike a trial, the defendant is not present, has no lawyer in the room, and does not get to put on a defense.

How Grand Juries Work in California

California uses two parallel systems for charging felonies: a preliminary hearing in front of a judge, or a grand jury indictment. Most California felony cases proceed through a preliminary hearing, but prosecutors can — and sometimes do — take cases to a grand jury, especially in complex, sensitive, or high-profile matters. The legal authority comes from California Penal Code §§ 888 through 939.91, and Article I, Section 14 of the California Constitution.

A California grand jury usually consists of 19 to 23 people drawn from the community, with at least 12 votes required to indict. Proceedings are closed to the public, and witnesses testify under oath without the defendant or defense counsel present. The prosecutor presents evidence and instructs the grand jurors on the law. Importantly, under Penal Code § 939.71, the prosecutor has a duty to present known exculpatory evidence — evidence that could clear the suspect — although in practice this duty is often litigated after the fact.

If the grand jury votes to indict, it returns what is called a “true bill,” and the case proceeds directly to Superior Court for arraignment on the indictment. There is no preliminary hearing because the grand jury process replaces it. If the grand jury declines to indict, the prosecution can still refile charges through a regular complaint and preliminary hearing — a “no bill” is not a permanent dismissal in California.

California also has civil grand juries that investigate local government, but those are completely separate from criminal grand juries. When people facing criminal charges hear “grand jury,” they are dealing with the criminal version, and the stakes — felony charges, potential prison time, and a public indictment — are very real.

Why Grand Juries Matter to Your Defense

Knowing the case is going to a grand jury changes the defense strategy entirely. There is no live cross-examination at the grand jury stage, which means the defense loses one of its most powerful pretrial tools. A skilled criminal defense attorney has to compensate by investigating early, identifying exculpatory evidence the prosecution must disclose under Penal Code § 939.71, and preserving every issue for a later motion to dismiss the indictment under Penal Code § 995.

Sometimes the most important defense work happens before the grand jury convenes. If the prosecution invites the target — meaning the person being investigated — to testify, that decision must be made carefully, with counsel, and almost never without serious preparation. Witnesses who appear before a California grand jury have the right to consult with an attorney outside the room, and that attorney’s job is to make sure no statement made under pressure becomes the foundation of an indictment.

After an indictment, the defense fight is not over. A Penal Code § 995 motion can challenge the sufficiency of the evidence presented to the grand jury, attack improper instructions, or argue that the prosecution failed to disclose required exculpatory material. Successful § 995 motions can dismiss entire counts before the case ever reaches a jury.

Related Legal Terms

Understanding the grand jury process connects directly to the meaning of an indictment, the role of probable cause, the issuance of a target letter, and the alternative path through a preliminary hearing. These concepts are central to federal defense and white collar crime cases, where indictments are far more common than in routine California state prosecutions.

Facing Charges Where This Applies?

If you have received a target letter, a subpoena to testify before a grand jury, or notice that you have been indicted, the time to act is now — not after the indictment lands. Attorney Chris Nalchadjian provides free, confidential consultations 24/7 and handles serious felony and federal cases throughout Greater Los Angeles. Call KN Law Firm at (888) 950-0011.