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What Is a Grand Jury?

Federal & State Law Editorial TeamLast reviewed: 2025-09-25

A grand jury is a panel of citizens convened to determine whether sufficient evidence exists to formally charge (indict) a person with a serious crime. It is distinct from a trial (petit) jury.

Purpose. The grand jury serves as a check on prosecutorial power. Rather than allowing a prosecutor to unilaterally bring charges, the grand jury must find probable cause that a crime was committed.

How it works:

  • The prosecutor presents evidence, including witness testimony and documents.
  • Grand jurors may ask questions.
  • The defense attorney is generally NOT present and cannot present evidence.
  • The accused does not have a right to testify but may be invited to.
  • Proceedings are secret — jurors, prosecutors, and witnesses are prohibited from discussing the case publicly.

    • Size and voting. Federal grand juries consist of 16-23 members. A supermajority (typically 12 of 23) must agree to issue an indictment. State grand jury sizes vary.

    Outcomes:

  • True bill — The grand jury finds probable cause and issues an indictment.
  • No bill — The grand jury does not find probable cause and declines to indict.

    • Constitutional basis. The Fifth Amendment requires a grand jury indictment for federal felony charges. However, this requirement has not been incorporated against the states, so many states use preliminary hearings instead.

    Criticism. The saying "a grand jury would indict a ham sandwich" reflects the criticism that grand juries rarely decline to indict because the prosecutor controls what evidence is presented.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You receive a grand jury subpoena to testify
    • You learn that a grand jury is investigating you
    • You have been indicted by a grand jury
    Related Statutes & Laws
    • Fifth Amendment — Grand Jury Clause
    • Federal Rules of Criminal Procedure, Rule 6
    Related Guides

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.