Grand Jury FAQs

Is There a Grand Jury Hearing for All Criminal Cases?

No, Many jurisdictions use other ways, even a preliminary hearing instead of a Grand Jury hearing.

Who can be present while the Grand Jury is in session?

The following persons may be present:

• attorneys for the government, the witness being questioned, interpreters if needed, and a court reporter or an operator of a recording device.

Who can be at the time the deliberation and voting takes place?

Only the jurors, and any interpreter assisting a hearing-impaired or speech-impaired juror.

Are Grand Jury proceedings open to the public?

No. Only authorized individuals can be present since the grand jury proceedings are secret.

Can a witness be represented by a lawyer in the grand jury for some exceptional circumstance?

In the federal system, a lawyer cannot be present in the grand jury room for any reason, although it is possible to interrupt his declaration and abandon the grand jury room to consult with the lawyer. Few states allow an attorney to be with the witness; some allow counsel to advise his client, others simply allow the lawyer observing the proceedings.

What requirements must a person have to serve on the grand jury?

Be 18 years Be a U.S. citizen Have lived in a judicial district for one year Must be able to speak, read and write English well enough to complete a questionnaire Do not present any physical or mental illness that impairs participation in the jury It may not have been convicted of serious crimes or have pending felony charges

What are the rights of the Fifth Amendment?

The grand jury is consecrated in the Federal U.S. within the Fifth Amendment of the Constitution. It is part of our Bill of Rights which states that no individual will be held to answer for a capital crime except that indicted by a grand jury, no one will be subject for the same offense twice, and no one may be forced to incriminate itself in any criminal case or forbid of freedom or property without the correct process of law. In addition, any person will take private property for public use without just compensation.