What is the Grand Jury?
In Santa Clara County we have a Criminal Grand Jury and a Civil Grand Jury. The Criminal Grand Jury, consisting of 19 jurors, exclusively hears felony criminal matters, often complex and sensitive cases, such as white collar crimes and child abuse. These Grand Jurors are selected at random in the same manner as trial jurors. If at least 12 jurors find that there is probable cause to believe that a crime has been committed and that the named defendant is guilty, they issue an indictment. An indictment is a document that charges a defendant with one or more crimes. It is filed in the Superior Court. The Civil Grand Jury members are selected by the Judges of the Santa Clara County Superior Court. These jurors serve for one year. The Civil Grand Jury reviews the civil function and fiscal affairs of city and county government and its agencies and departments. Its findings and recommendations are filed with the Superior Court.
The Grand Jury is a body of eighteen (18) citizens at least twelve (12) of whom have to be present for the Grand Jury to proceed. The Grand Jury meets on a monthly basis and decides whether an indictment should be presented. To make that decision, the Grand Jury meets in secret and only hears evidence from the State. Many people consider the Grand Jury to be a “rubber stamp”. If the case is no-billed by the Grand Jury, that is the end of the matter. If the case is true-billed, it means the matter is continued on and we will have to face it in Court.
