Facing a grand jury is a serious step in criminal prosecution. Because it is less well-known, you may not know the full extent of your rights, what information you will have to provide, or what to expect from the proceedings. Joseph, Hollander & Craft is equipped to help with both state and federal cases involving grand jury investigations in Missouri and Kansas.
What Is a Grand Jury Investigation?
A grand jury investigation is a legal process in which a group of citizens (the grand jury) is convened to review evidence presented by a prosecutor to determine whether there is probable cause to believe a crime has been committed and that a particular person should be charged. Unlike a trial jury, which decides guilt or innocence, a grand jury only decides whether charges should be filed. It also takes place under a greater degree of secrecy as it is part of an ongoing investigation.
Grand juries have broad investigative powers, including the authority to issue subpoenas, compel testimony, and request documents or physical evidence. Both state and federal courts use grand juries. While the grand jury investigation processes are generally similar, federal grand juries may convene for longer periods.
Why Does a Case Go to the Grand Jury?
The criminal charging process does not always involve a grand jury. Many cases begin with just an information or complaint filed by a prosecutor. However, grand juries are commonly used for:
- Federal cases
- Complex investigations, such as interstate drug rings
- High-profile matters involving public interest
- Cases with vulnerable or sensitive witnesses, like certain sex crimes
In some situations, the law requires a case to be presented to a grand jury. In others, a prosecutor may choose to use a grand jury, either to protect the identity of witnesses, to test the strength of their evidence, or to build credibility before bringing charges.
How Is a Grand Jury Selected?
Missouri grand jury laws select jurors much like for trial. Names are chosen at random from lists of registered voters and driver’s license holders. A typical grand jury panel may sit for several months and hear multiple cases during that time.
In Kansas, the process is largely comparable to Missouri’s, although it is also one of only six states that allow for the use of citizen petitions to trigger grand jury proceedings. The Citizen-Initiated Grand Jury Petition law was revived in 2003 in Kansas and has been used in controversial or politically sensitive cases.
At the federal level, the selection process is similar, though it may involve a more extensive vetting process. Federal grand juries also typically sit for 18 to 24 months, meeting periodically to handle various investigations.
How Many Jurors on a Grand Jury?
The number of jurors on a grand jury ranges from 12 to 23 people.
How Many Hours a Day Is Grand Jury Duty?
Grand jury sessions usually last a few hours at a time, not full days like at trial. Jurors meet only on scheduled days, often once or twice a week.
What Is a Grand Jury Subpoena?
A grand jury subpoena is a legal order, often served to witnesses, requiring them to appear before the grand jury. You may be asked to provide documents, give testimony, or both. It is rare for a potential defendant to testify, due to the Fifth Amendment right against self-incrimination.
What Happens During Grand Jury Testimony?
Anyone with relevant information can be called to testify before a grand jury. This typically includes law enforcement officers, alleged victims, and even those under investigation.
There is no judge present during a grand jury session, due to the higher confidentiality standard for these hearings. Instead, the prosecutor leads the grand jury, guiding jurors through the evidence and questioning witnesses. The prosecution’s main objective is to convince the jurors that there is enough evidence to proceed with the case.
Crucially, defense attorneys are not allowed in the room while a witness testifies. However, if you are testifying and have legal representation, your attorney can wait just outside the courtroom. You may ask to step out to consult with your lawyer before answering questions. Doing so is especially important if your answer may incriminate you in criminal activity.
Can Testimony From a Grand Jury Be Admissible in Court?
Admissibility of grand jury testimony varies, but it is not 100% protected by grand jury secrecy rules. Testimony or documents can be reintroduced at trial under certain circumstances, such as perjury charges or inconsistent testimony. Additionally, statements made under oath to a grand jury can sometimes be used to impeach a witness.
For this reason, it is especially important to contact a Kansas City criminal defense attorney before appearing before a grand jury.
What Does “Grand Jury Indictment” Mean?
If a grand jury determines there is probable cause to believe a crime has been committed and that a specific person committed it, they may issue an indictment. This is not a finding of guilt, but a formal charge that sets the wheels in motion for prosecution. Once indicted, the accused will typically be arrested or summoned to court for arraignment, where the formal charges are read, and the case will proceed through the criminal justice system.
How a Kansas City Criminal Defense Attorney Can Help
A Kansas City criminal defense attorney can protect your rights during a grand jury investigation. Working with a seasoned criminal defense attorney directly from the start can help protect your reputation and avoid restrictions on your freedom. At Joseph, Hollander & Craft, we can help during both state and federal grand jury proceedings to:
- Ensure you understand your rights and obligations
- Prepare for testimony or document production
- Respond to subpoenas effectively
- Challenge improper or unlawful investigative tactics.
If you are involved in a grand jury investigation in Missouri or Kansas, don’t wait. Whether you’ve received a subpoena or suspect you may be the target of a grand jury investigation, schedule a consultation with our law firm to ensure that you are fully prepared for what lies ahead.
Contact Joseph, Hollander & Craft Today
Joseph, Hollander & Craft serves the metro area with five locations: Kansas City, Lawrence, Overland Park, Topeka, and Wichita. Contact one of our Kansas City criminal defense lawyers today to understand your rights and protect you from the outset during a grand jury investigation.
