If you or someone you know has been told that a matter is “going to the grand jury,” it is natural to feel alarmed and confused about what that actually means. A grand jury indictment is one of the most significant steps in the Georgia felony prosecution process, yet most people have little understanding of how it works or what comes next. Knowing the basics can make a meaningful difference in how you respond.
What Is a Grand Jury in Georgia?
A grand jury is a group of citizens, typically between 16 and 23 members, convened to review evidence and determine whether there is probable cause to formally charge someone with a felony. The grand jury does not decide guilt or innocence. Its sole function is to answer one question: is there enough evidence to require the accused to stand trial?
Grand jury proceedings in Georgia are conducted entirely in secret. The target of the investigation does not have the right to attend, testify, or have an attorney present inside the grand jury room. Witnesses may be subpoenaed, and the prosecution presents whatever evidence it believes supports the charge.
How the Process Unfolds
Presentation of evidence. The prosecutor presents witnesses, documents, and physical evidence to the grand jury. There is no judge presiding, and the rules of evidence that apply at trial are significantly relaxed. Hearsay, for example, is commonly presented to grand jurors.
Grand jury deliberation. After hearing the evidence, grand jurors deliberate privately. At least 12 members must agree that probable cause exists before a “true bill” can be returned. A true bill is the formal document that becomes the indictment. If the grand jury does not find probable cause, it returns a “no bill,” and the case does not proceed on those charges.
Return of the indictment. When a true bill is returned, it is filed with the court and the defendant is formally charged. If the defendant has not already been arrested, a warrant will typically be issued. The indictment triggers the arraignment process, where the defendant enters a plea.
What an Indictment Does Not Mean
An indictment is not a conviction. It reflects only that a group of citizens, hearing one side of the story under a low evidentiary standard, found enough to proceed. Defense attorneys have no opportunity to challenge evidence or cross-examine witnesses during grand jury proceedings, which is why building a strong defense after indictment matters.
Charges brought by indictment can still be challenged in court through motions to suppress evidence, challenges to witnesses, and trial strategy. For those facing felony charges in Atlanta, understanding that an indictment is the beginning of a process, not the end, is critical. An Atlanta criminal defense attorney can help you evaluate your options from day one.
What to Do if You Learn You Are a Target
If you have reason to believe a grand jury is reviewing conduct involving you, do not wait for the indictment to be returned before seeking legal help. Early attorney involvement can shape how the investigation proceeds and whether alternatives can be explored. Grand jury matters can also intersect with federal criminal charges, where federal grand juries operate under their own rules, and the stakes increase significantly.
Facing a Grand Jury Investigation? Act Before the Indictment Comes.
A grand jury proceeding moves entirely on the prosecution’s timeline, which means the window to respond strategically is often shorter than people expect. The Law Office of Ahmad R. Crews, LLC practices exclusively in criminal defense, representing clients at every stage, from the moment an investigation begins through trial and beyond.
Whether a grand jury is reviewing your conduct or an indictment has already been returned, our firm is prepared to assess your situation and pursue every available avenue of defense. If you are facing a grand jury investigation or have already been indicted, contact us to start building your defense today.