A grand jury is often used in potential criminal cases, and the goal is to review evidence and decide if there is probable cause for the case to go to trial. They will then make their recommendation about the next steps. If there is not probable cause, then the charges may be dropped without the case having to go to trial at all.
When the grand jury determines that there is probable cause, or there is at least enough evidence that a trial seems necessary, then a trial jury will step in. This is also known as a petit jury. It is their job to hear arguments from the defendant and the prosecution, to examine the evidence, to hear statements from lawyers and attorneys and to decide whether or not they should convict the individual who is facing charges.
Does a grand jury decide guilt?
No. A grand jury is not going to decide if a person is guilty or not. When a criminal defendant is going through the justice system for the first time and hears that their case has been sent to a grand jury, they may believe the outcome will determine whether or not they will be incarcerated or face other penalties. But this is not the case. Even when the grand jury decides that there is probable cause, it just means that the case should be put before a trial jury.
It is then this trial jury that will work to determine guilt, and the judge will then hand down a sentence based on the sentencing guidelines for that specific case.
Your criminal defense options
If you are facing charges, especially if this is the first time you have ever gone through the criminal justice system, the process can feel confusing and daunting. It is very important to understand exactly what steps you will need to take and what legal defense options you have at this time.