Grand Jury Practice

If we are hired before the client is indicted for a felony, we will sometimes make a presentation to the grand jury to try to prevent indictment. To a large extent, whether we present evidence to the grand jury depends on whether we think the evidence will convince the prosecutor not to pursue the case. Grand juries are theoretically independent, but it is very rare that a grand jury will "no-bill" (that is, decline to indict) a person if the prosecutor encourages them to indict. If the prosecutor is ambivalent about the case, or seems to be looking for an excuse not to prosecute, and if we have evidence to present to the grand jury, we will write a letter to the grand jury, explaining our case, attaching documentary evidence, and giving contact information for the witnesses we want them to hear. Presenting evidence to a grand jury is a hair-raising experience because we can't be present in the grand jury room when the grand jury is meeting -- we send witnesses in, and don't get to hear what the grand jurors are asking them or what they are saying. Our presentation to the grand jury gives the prosecutor a preview of our case, so if we offer evidence to the grand jury and they indict anyway we have put ourselves at a disadvantage.