Grand juries decide whether there is enough evidence to charge someone with a serious crime. They do not decide guilt or innocence. Below is a plain explanation of how grand juries work in Ohio and in federal court, covering each key step.
1) Who decides if the case is presented to a grand jury
In both Ohio and federal systems, prosecutors decide whether to take a case to a grand jury. In Ohio, county prosecutors present state felony cases to a county grand jury. In federal court, Assistant United States Attorneys present federal felony cases to a federal grand jury.
2) Who can call witnesses to the grand jury
The prosecutor controls the presentation and calls witnesses. In both Ohio and federal practice, the prosecutor selects which witnesses to bring. Grand jurors may ask the prosecutor to seek additional witnesses, and the prosecutor can arrange for them to appear.
3) What evidence the grand jury can consider
Grand juries may consider a wide range of evidence, including live witness testimony, documents, records, photographs, videos, and physical items. Unlike a trial, strict rules of evidence do not apply in the same way. Hearsay can be presented. The standard is probable cause—whether there is reasonable ground to believe a crime was committed and the person under review committed it.
4) What rights the defendant has at the grand jury
A grand jury is not a trial, so the defendant’s rights are more limited: - The proceeding is secret. Neither the public nor defense counsel is present in the grand jury room. - If the defendant is called to testify, they have the right against self-incrimination and may refuse to answer questions that could incriminate them. They may step out to consult with their lawyer but the lawyer cannot be in the room. - The defendant does not have the right to present a defense, cross-examine witnesses, or receive full discovery at this stage. - In Ohio and federal court, judges are not present; a prosecutor leads the session, and a court reporter or recording is typically used.
5) Whether the suspect or defendant can call witnesses
There is no right for a suspect or defendant to call witnesses before the grand jury in either Ohio or federal court. A defendant may ask the prosecutor to consider certain witnesses or evidence, but it is up to the prosecutor (and, in limited cases, the grand jurors’ requests to the prosecutor) to decide who appears.
6) How the grand jury decides whether to indict
After hearing the evidence, the grand jurors deliberate in secret. They vote on whether probable cause exists to believe a crime was committed by the person under review. If the required number of grand jurors agrees—known as a “true bill”—an indictment issues. If not, the grand jury returns “no bill,” meaning no indictment. The exact number of votes required is set by law and rules for Ohio grand juries and for federal grand juries.
7) Whether the grand jury can consider charges outside what the government presents
The prosecutor typically proposes the charges. However, the grand jury may consider related offenses supported by the evidence presented. In practice, prosecutors draft the final charging document, but grand jurors can ask for additional charges or for changes if the evidence points that way.
8) What happens after an indictment or a no-bill
- After an indictment (true bill): The case moves forward in court. The defendant is arraigned, advised of the charges, and enters a plea. Bail or release conditions are addressed. The case then proceeds to pretrial motions, potential plea discussions, and, if not resolved, trial.
- After a no-bill: The person is not charged on those allegations at that time. The prosecutor may dismiss the matter. In some situations, the prosecutor can present the case again to a grand jury if new or additional evidence is developed.
Key Takeaways
- Prosecutors control which cases go to the grand jury and which witnesses testify.
- Grand juries consider a broad range of evidence and use a probable cause standard.
- Defendants have limited rights at this stage and cannot present witnesses as a matter of right.
- A “true bill” leads to formal charges; a “no-bill” means no indictment, though re-presentation can occur if circumstances change.