GOOD TO KNOW
- Variability in State Indictments: Unlike federal indictments, states vary in their requirements for grand jury indictments. While all states have provisions for grand juries, only a few require them, especially for felony charges. Some states use grand juries only in specific circumstances, while others rely on them minimally.
- Grand Jury Process and Alternatives: In states using grand juries, a prosecutor presents evidence, and the grand jury decides if there’s probable cause for a formal indictment, usually by majority vote. In states where grand juries are optional, prosecutors may instead use a preliminary hearing, allowing the judge to decide if enough evidence exists to proceed to trial.
- Georgia’s Indictment Process: In Georgia, grand jury indictments are common for felony charges. A grand jury consists of 24 members, and at least 12 must agree to issue an indictment (“True Bill”). If charges are deemed unfounded, the grand jury can label the case as “Malicious Prosecution,” requiring the accuser to cover court costs.
While the federal laws and processes for grand juries and criminal indictments are fairly straightforward, state indictments are another matter. By definition, a formal indictment for a crime must come from a grand jury; but while the individual states all have provisions for grand jury indictments, the practice is only required in a fraction of the states. Some states call for indictments only under certain circumstances, and some states rarely use grand juries at all. Some of this is due to ambiguity in some of the states’ constitutions, as well as changing mindsets about the necessity of grand juries in general.
HOW STATE INDICTMENTS WORK
When a state uses a grand jury to consider indicting you (either by requirement or by election), the process remains fairly similar to that of the federal court system. A grand jury may consist of anywhere from 12-24 local citizens, and the prosecutor will present evidence for the grand jury to consider whether there is sufficient evidence to warrant a formal accusation. Generally speaking, no indictment is required to charge you for a misdemeanor; state indictments typically apply to felony charges. The grand jury does not need a unanimous vote in order to indict, but it may require a simple majority, two-thirds majority or three-fourths majority, depending on the rules of the jurisdiction.
In states where formal indictment is more optional, the state attorney’s office may still opt to enlist the help of a grand jury, especially if no arrest has yet been made, as this may strengthen the prosecution’s case. (An indictment tends to streamline the progression of a court case.) In cases where the prosecutor prefers to bypass the indictment process, he or she will file a document called an “information” or “accusation.” The court then initiates a preliminary hearing, in lieu of a grand jury, to determine probable cause. (This often gives the defendant a chance to refute the accusations, which does not happen in a grand jury situation.) If the judge is convinced that there is sufficient reason to prosecute, the defendant will be bound over for trial, the same as if a formal indictment had been handed down.
