Rights in Indictments

Attorney Joseph Eustace

Okay. An indictment is returned by a grand jury. A grand jury is 23 members. If a majority find that you violated the law, they’ll return an indictment against you. Any time you’re charged with a serious offense that is punishable by more than six months in prison, more than $1000, you have a right to have the charges re- -- you know, reviewed by a jury of your peers and that’s the grand jury and they make a determine whether or not there is probable cause to believe you committed the offense.

When you go before the grand jury you do not have a right to have your attorney present. You do not have to testify you can exercise your Fifth Amendment right and most of the time that would end it there. Normally with a grand jury the prosecutor believe -- will bring forth the police officer or any other witness he needs and he presents that to the grand jury and the grand jury make a determination once again if there is enough probable cause to believe that you committed the offense. If they do they return an indictment. If not they do something called a No Bill, and the charges are dismissed.

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