Prosecutors often take cases to a grand jury when they believe they have enough evidence to pursue felonies and other serious criminal charges. However, a grand jury will not automatically return indictments. Learn more about how grand juries evaluate evidence by reading the following information.
What Does It Mean When a Grand Jury Declines to Indict?
When a grand jury declines to indict, the members have decided not to charge someone with a crime. Grand jurors must believe there is probable cause to issue an indictment and allow a criminal case to proceed. Without indictment, prosecutors generally cannot file charges or move forward with the case.
You may hear the decision not to indict described as returning a “no bill.” While this is good news for the accused, the investigation may not be completely over.
Prosecutors may continue working on the case or present evidence to another grand jury later.
What Is the Purpose of a Grand Jury?
A grand jury reviews evidence presented by prosecutors to decide if there is enough probable cause to issue an indictment. The jury does not determine guilt or innocence.
Probable cause is also a lower standard than what is necessary to secure a criminal conviction. Prosecutors need only show there is reason to believe a crime occurred and that the accused person committed it.
When prosecutors believe they have met this burden, the grand jury will issue an indictment to move forward with a criminal case.
Why Would a Grand Jury Refuse to Issue an Indictment?
Prosecutors generally only present cases to a grand jury when they believe they have sufficient evidence to secure an indictment. Because of this initial screening process, grand jurors may decide not to issue an indictment if they think the evidence is:
- Weak
- Inconsistent
- Unreliable
- Insufficient to establish probable cause
Can Weak Evidence Cause a Grand Jury to Decline to Indict?
Yes. Many cases that return a no bill from the grand jury result from weak or incomplete evidence.
Physical evidence may have been discovered that seemingly rules out the accused person as a suspect. Witnesses may provide conflicting testimony that leads jurors to question what happened. Or investigators may have little to no evidence linking the accused to the alleged crime.
Can New Evidence Stop an Indictment?
Yes. Just like weak evidence can sink a prosecutor’s case, new evidence could also prevent an indictment from being handed down by a grand jury.
Video surveillance, cell phone records, forensic test results, or newly discovered witnesses could drastically change how jurors view the case.
If newly discovered information creates doubt about whether probable cause exists, the grand jury may choose not to indict.
Does Self-Defense Result in a No Bill from a Grand Jury?
Yes. Self-defense is justifiable under the law when used appropriately and could result in a no bill from the grand jury.
If the prosecutor cannot establish there is probable cause that a crime was committed, the grand jury has no choice but to refuse to issue an indictment. When claiming self-defense, the evidence must generally show that:
- The person reasonably believed they were in imminent danger of harm
- The use of force was necessary to prevent harm
- The person who used force did not provoke the incident
Can Constitutional Violations Stop an Indictment?
Yes, but not always. Issues such as constitutional violations can weaken a prosecutor’s case and sometimes prevent a grand jury from issuing an indictment.
Illegal searches and seizures, Fourth Amendment violations, or other inappropriate police conduct could come into play later at trial. Depending on the circumstances of your case, presenting information about these violations to the grand jury could result in them declining to indict.
Does a No Bill Mean My Son Is Innocent?
No. When a grand jury declines to issue an indictment, it does not make any findings regarding innocence or guilt.
Grand jurors do not hear evidence the same way a traditional jury does during a trial. Instead, they review evidence presented by prosecutors to decide if there is probable cause to file formal charges.
Can Prosecutors Take My Case to Another Grand Jury?
Yes. If prosecutors feel they have gathered enough evidence to obtain an indictment, they can present the case to another grand jury in the future.
This may occur if new witnesses come forward, if investigators find forensic evidence, or if other information surfaces that strengthens their case against you.
Will My Prosecutor Have to Use a Grand Jury?
No. Prosecutors are not always required to use a grand jury when filing felony charges. Instead, they may use a preliminary hearing or another method to file charges against someone they believe committed a crime.
States generally decide whether prosecutors must use a grand jury to file felony charges. The federal system, by contrast, requires grand juries in most felony cases unless a defendant waives their right to a grand jury.
Can My Criminal Defense Attorney Present Information to the Grand Jury?
Yes. While your attorney cannot appear directly before the grand jury, they may be able to present information to prosecutors before charges are formally filed.
Contact an attorney as soon as you learn about a criminal investigation. Your lawyer may be able to show proof that you are innocent, point out weaknesses in the prosecutor’s case, or urge them to conduct further review before approaching the grand jury.
Why You Should Hire an Attorney as Soon As Possible
The earlier you retain legal counsel, the sooner your attorney can begin protecting your rights. By waiting to hire an attorney, you could be forfeiting your ability to influence the outcome of your case.
You do not want to wait until the police come knocking to learn your rights. Contact Capetillo Law today to schedule your free consultation.
Capetillo Law Can Help
If you are under investigation or facing criminal charges, contact Capetillo Law Firm today to speak with a criminal defense attorney. We will work with you to protect your rights and develop a strategy that best suits your case.
Let us help defend your rights! Capetillo Law Firm handles cases throughout Florida. Contact us today.
