Criminal Defense · Haute Lawyer Network
What Is a Grand Jury and How Does It Work?
Last reviewed: June 2026
A grand jury is a panel of citizens — 23 jurors at the federal level, varying at the state level — that reviews evidence presented by prosecutors to determine whether there is probable cause to indict a person on criminal charges. Grand jury proceedings are secret — the target of the investigation, witnesses, and grand jurors are all prohibited from disclosing grand jury evidence.
Federal felony prosecutions require an indictment from a grand jury. State courts vary — about half require grand jury indictment for felonies, while others allow prosecutors to file charges directly by information.
The grand jury hearing is fundamentally one-sided — only the prosecutor presents evidence. There is no judge in the room, defense attorneys cannot be present when witnesses testify (though a target can have counsel outside the grand jury room), and the standard is merely probable cause — a much lower bar than trial.
Frequently Asked Questions
What does "indictment" mean?
A formal criminal charge voted by the grand jury finding probable cause that the target committed the charged offense. An indictment is not a finding of guilt — it merely allows the prosecution to proceed to trial.
Can I be compelled to testify before a grand jury?
Yes. Grand jury subpoenas are compelled. You must appear and answer questions. However, you retain your Fifth Amendment right not to answer specific questions that could incriminate you — but you must assert this right question by question.
What if I refuse to testify before a grand jury?
If granted immunity, you must testify or face contempt of court — including jail. Without immunity, you can invoke the Fifth Amendment. Simply refusing to appear can result in contempt of court.
What is a target of a grand jury investigation?
A person the government believes committed a crime and is the primary subject of the investigation. Targets have the right to refuse to testify before the grand jury — their Fifth Amendment rights are fully applicable.
How long does a grand jury investigation last?
Federal grand juries typically sit for 18 months, with the possibility of extension. Complex investigations involving financial crimes, organized crime, or public corruption can run for years with successive grand juries.
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