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When you are charged with a criminal act, you have a right to a fair trial. However, the United States justice system actually includes more than one kind of trial. One of the least understood can have a big impact on your future. It is the grand jury. What is a grand jury? How does it operate? And what does it mean for you? Here are the answers to your questions.

What Is a Grand Jury?

A grand jury is a process that helps the state decide if it should bring charges against an individual. It serves as a trial run for a jury trial later on under the normal rules. Grand juries are convened and the process is completed with the participation of the defendant and in secret to protect the anonymity of both witnesses and the potential defendant. 

How Does a Grand Jury Differ?

Grand juries may sound similar to trial juries, but they operate with a much more relaxed set of rules. There is a large jury pool, who often hear many cases, and only the prosecution presents a case.

The jury is generally allowed greater freedom than trial rules permit in areas like what evidence they may inspect, who they may question, and what questions they can ask. The prosecution explains the law to jurors, and juries may even directly interrogate witnesses. 

What Does Its Decision Mean?

The grand jury is a preliminary process, so it makes recommendations solely about whether or not a party should be charged and for what. This outcome affects the defendant in that it either results in charges or not. If the grand jury does not recommend charges, the defendant may never learn about its existence. 

It's important to note that the decision of a grand jury does not affect the decision of a later trial jury. The slate is wiped clean and the entire trial must now be held under normal, open rules. But the grand jury's subpoena and interrogation powers can further the investigation. That process also gives the prosecution a chance to hone their case before facing a standard trial. 

What Should You Do?

If a grand jury could be involved in your case — or if one has already met — you need to know your rights to protect them. Meet with an experienced criminal law attorney in your state today to get more answers to your questions about grand juries, trial juries, and how best to defend yourself. 

Contact a local criminal law attorney for more information.