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Does a grand jury decide your guilt?

On Behalf of | Jun 13, 2025 | Criminal Defense

If you are arrested and go through a criminal trial, a jury may be a significant part of the process. The jury hears the arguments made in court, examines the evidence, and determines whether it believes you are guilty. The judge will then issue a sentence based on the jury’s determination. This is typically done at a separate sentencing hearing, rather than at the trial. 

But what if you recently received a summons to appear before a grand jury? Is this the same thing? Are they going to decide your guilt during the grand jury session, or is something else going on?

The grand jury system is different

In some ways, a grand jury is similar in that evidence is presented to the individuals serving on it. But the difference is that they are not determining your guilt or deciding that you have done nothing wrong. Instead, they are looking for probable cause. Is there a valid reason to think you may have committed a crime at all? 

Essentially, the grand jury decides whether a criminal trial should even take place. If they review the evidence and find probable cause, then you may be indicted and have to go through a trial. That does not mean you are guilty, and the evidence might not ultimately support a conviction. It’s not the grand jury’s job to determine guilt—only whether or not the case should proceed.

Grand juries are not used in all cases, but it’s important to understand how they work and what legal steps to take if you find yourself facing one.