In the state of Arizona, grand jury indictments typically initiate criminal cases against a defendant. In order for an indictment to come through, prosecutors have to present evidence to the grand jury showing that a suspected crime took place. Here, we want to examine who sits on a grand jury, delve into the process of presenting evidence to the grand jury, and discuss what happens after the grand jury issues an indictment.
What is a Grand Jury in Arizona?
In the state of Arizona, a grand jury is composed of a group of between 9 and 16 individuals. The job of these individuals is to review “potential” criminal charges that a prosecutor wishes to file. A grand jury will work to screen out any charges that are not supported by probable cause. Under Arizona law, probable cause is the standard by which law enforcement authorities have a reason to obtain a warrant for arrest after a person is suspected of criminal activity. This does not have to be absolute proof that a crime has been committed, just that a crime probably was committed.
What Happens in Grand Jury Proceedings?
At a grand jury proceeding, the prosecutor will present their evidence to the individuals on the grand jury. The prosecutor will show that a crime was committed, and they will attempt to establish probable cause that a particular defendant committed the crime. Typically, a prosecutor’s case relies on the police report and on spoken testimony. This can include testimony from the police officer, detectives, witnesses, victims, or expert witnesses.
Grand jurors are allowed to question each witness. After a prosecutor has presented their case, the grand jury will convene and then deliberate. Regardless of how many members are on the grand jury, if none of them agree that there is enough evidence to support probable cause, they will issue an indictment against the person suspected of committing the crime. This indictment is called a “true bill,” and it will list all of the charges against the defendant.
Grand jury proceedings occur in secret and away from the public. The person accused of committing the crime will not be among those allowed to present testimony during the proceeding.
What Happens After an Indictment?
If a grand jury does decide to issue an indictment, then a prosecutor will draft the indictment and list the charges they will file. The grand jury is allowed to alter the draft indictment created by the prosecutor. The final version of the indictment, the “true bill,” will then be handed over to the court.
The grand jury will issue a summons to the defendant for them to appear in court, or an arrest warrant will be issued, and the person suspected of committing the crime will be arrested and reported at an initial appearance.
Working With an Attorney
If you or somebody you know has been accused of committing a crime in Arizona, then you need to work with a Chandler criminal defense attorney immediately. We encourage you to contact an attorney even if you think you may have charges incoming but have not been charged with a crime yet. The earlier a criminal defense lawyer can get involved in your case, the better they will have a chance at getting you cleared of charges.