Grand Jury Proceedings in Florida

A grand jury is a body of citizens convened to review evidence and determine whether sufficient cause exists to formally charge a person with a criminal offense. In Florida, the grand jury plays a defined constitutional role in the prosecution of the most serious criminal charges.

Constitutional Basis

Article I, Section 15 of the Florida Constitution requires that no person be tried for a capital crime without presentment or indictment by a grand jury. For non-capital felonies, the state attorney may charge a defendant by information filed directly with the court, making the grand jury process mandatory only for capital offenses under Florida law.

Florida law also permits the use of a grand jury to investigate public matters beyond individual criminal charges, including government misconduct and organized crime.

Composition of a Florida Grand Jury

Under Florida Statute 905.01, a grand jury in Florida consists of between 15 and 21 citizens. Members are selected from the same pool of prospective jurors used for trial jury selection. A grand jury requires a minimum of 15 members to conduct business, and at least 12 members must concur for an indictment to be returned.

Florida also convenes a statewide grand jury, which may be impaneled by the Florida Supreme Court upon the Governor’s petition to investigate matters that transcend a single county.

How Grand Jury Proceedings Work

Grand jury proceedings are conducted in private. The public and the defendant are excluded. The state attorney’s office presents evidence to the grand jury, which may include witness testimony, documents, and physical evidence. Unlike a trial, the rules of evidence are relaxed in grand jury proceedings, and hearsay may be considered.

The defendant has no right to appear before the grand jury or to have counsel present during the proceedings, though a witness may consult with their attorney outside the grand jury room before responding to questions.

True Bill and No Bill

After reviewing the evidence, the grand jury votes on whether to indict. If at least 12 members find probable cause to believe the defendant committed the charged offense, a true bill is returned and a formal indictment is issued. If the grand jury declines to indict, a no-bill is returned.

A no bill does not bar the state from presenting the same matter to a subsequent grand jury or, in non-capital cases, from filing charges by information. A no-bill is not a finding of innocence.

Secrecy of Grand Jury Proceedings

Grand jury proceedings in Florida are secret by law. Under Florida Statute 905.27, grand jurors, court reporters, and attorneys are prohibited from disclosing what occurred during grand jury proceedings except in limited circumstances defined by statute, such as when a court orders disclosure in connection with a judicial proceeding.

Right to Legal Representation

Any person under investigation by a grand jury or who has been indicted by a grand jury has the right to legal representation at all stages of the subsequent criminal proceeding.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone under a grand jury investigation or indicted for a criminal offense in Florida may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.