- Dorothy Naumann
- Indian River County, FL
The role of the grand jury in Florida criminal proceedings
The Florida Constitution, Article I, Section 15, requires that prosecutions for capital crimes, meaning offenses punishable by death, be initiated by indictment of a grand jury. For all other offenses, the State Attorney has the option of proceeding by information, a formal charging document filed directly by the prosecutor, or by indictment.
A grand jury in Florida consists of fifteen to twenty-one members drawn from the pool of qualified jurors. Grand juries operate in secret. Witnesses called before a grand jury may not have an attorney present in the grand jury room, though they may consult with counsel outside the room.
How a grand jury evaluates evidence
The grand jury’s role is not to determine guilt but to determine whether probable cause exists to believe that a crime was committed and that the target committed it. The standard of proof, probable cause, is significantly lower than the beyond a reasonable doubt standard that applies at trial.
A grand jury may hear testimony from witnesses and review documentary evidence and physical evidence presented by the State Attorney. The defense does not present evidence or cross-examine witnesses at the grand jury stage. The proceeding is entirely one-sided and is designed to screen cases before they proceed to trial.
The indictment and the no bill
If the grand jury determines that probable cause exists, it returns a true bill, which is an indictment. The indictment is a formal charging document that sets forth the charges against the defendant. Twelve or more grand jurors must concur in the decision to return an indictment under Florida law.
If the grand jury determines that probable cause does not exist, it returns a no bill, a finding of insufficient evidence to indict. A no bill does not bar the State Attorney from re-presenting the case to a future grand jury with additional evidence.
Statewide grand juries in Florida
Florida also uses statewide grand juries, which are empaneled by the Florida Supreme Court upon the petition of the Governor. A statewide grand jury has jurisdiction over offenses that occurred in more than one judicial circuit or that are being investigated on a statewide basis. Florida Statute 905.34 governs the jurisdiction and powers of statewide grand juries.
Statewide grand juries are used for investigations involving organized crime, public corruption, environmental crimes, and other matters that cross county or circuit boundaries.
Frequently asked questions
Does Florida require a grand jury for all felony cases?
No. Florida’s constitutional grand jury requirement applies only to capital offenses. For other felonies, the State Attorney may proceed by information, a charging document filed directly, without convening a grand jury.
Can a defendant testify before a grand jury in Florida?
A target of a grand jury investigation may be called to testify. Witnesses appearing before a grand jury in Florida may not have an attorney present in the room but may consult with counsel outside the grand jury room.
What is the difference between an indictment and an information in Florida?
An indictment is a charging document issued by a grand jury after finding probable cause. An information is a charging document filed directly by the State Attorney without grand jury review. Both formally charge a defendant with a criminal offense.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.