After watching even a handful of courtroom dramas, most people start to understand the concept of a trial jury: The trial jury consists of designated men and women who sit as observers in court and then determine the outcome of the case.
People are much less clear about the “grand jury.” To solve that, the following is a general overview of grand juries, but to understand how any jury may operate in a specific case, consult an attorney—such as me.
I’m a former prosecutor with an almost 90% acquittal rate as defense lead counsel, and I have litigated dozens of criminal jury trials. If you’re looking for a Grand jury defense lawyer Massachusetts, I’m here to guide you through the process.
When you hear someone describe the “grand” jury, you might picture something magnificent, imposing, and important (like the Grand Canyon). However, in French, grand means “big.” And that’s the case when applied to juries. A grand jury is big.
In Massachusetts, a grand (big) jury has 23 members when everyone is in attendance, and they can’t act with fewer than 13 jurors present. By contrast, a trial jury consists of 6 or 12 people. And in case you were wondering, yes, a trial jury is often called a “petit jury”—petit being French for “small.”
“Grand” simply refers to the size of the jury, not necessarily its importance relative to a trial jury.
A grand jury’s job is not to determine if someone is guilty of a crime. Instead, the grand jury reviews evidence presented by a prosecutor. The defense isn’t entitled to be there; I can’t present witnesses or dispute the prosecutor’s evidence.
The grand jurors then decide if there is “probable cause” that a crime has been committed and the identified individuals likely committed that crime. If at least 12 grand jury members believe there is probable cause, then the grand jury issues an indictment (also called a “true bill”). The prosecutor presents the indictment to the judge—which begins the formal prosecution of the defendant.
If the defendant goes to trial, a petit jury will hear evidence. Then, to convict the accused, this petit jury must decide that the defendant is guilty “beyond a reasonable doubt”—a much higher standard of proof than the standard used by the grand jury.
The grand jury standard (“probable cause”) is lower than the standard at trial (“beyond a reasonable doubt”).
Again, grand means big, not special. In Massachusetts, anyone is eligible for grand jury duty if they are a citizen, they live in the state, and they are between 18 and 70 years old. Grand jurors are randomly selected in the same way that jurors are selected for a petit jury.
However, a trial juror only serves on one trial. Grand jurors typically serve for three months and potentially review many cases.
There is frequent criticism that grand juries are too willing to indict a defendant. The cliché is that a grand jury would “indict a ham sandwich” if the prosecutor asked them to do so.
Yet it’s dangerous for defendants to dismiss a grand jury indictment as less serious because of this criticism.
Prosecutors have usually completed most of their investigation before going to the grand jury, and they show the grand jury their best evidence. They want to be sure that the grand jury issues an indictment (it’s embarrassing if they don’t), and they want to know that their evidence and witnesses are convincing before going to trial.
Therefore, a defendant who receives a grand jury indictment should anticipate that a prosecutor has prepared a strong case against them. And they should hire a criminal defense lawyer for grand jury cases in Massachusetts—someone like me—who can prepare an equally strong defense.
If you are under investigation, don’t wait for an indictment. The time to start your defense is now. With offices located in Attleboro and Quincy, Riccio Law represents clients throughout the Commonwealth. Contact me today.
An indictment signals that the state believes there’s enough evidence to proceed, so don’t ignore it—seek legal help immediately.
Below is a brief table illustrating the core differences:
Aspect | Grand Jury | Trial (Petit) Jury |
Purpose | Determines if probable cause exists for an indictment | Decides guilt or innocence beyond a reasonable doubt |
Size | Up to 23 members in Massachusetts | Typically 6 or 12 members |
Defense Participation | Typically absent (no defense witnesses or cross-examination) | Full defense presentation and cross-examination |
Outcome | Issues indictment (true bill) or no bill | Renders a verdict: guilty or not guilty |
Burden of Proof | Probable cause | Beyond a reasonable doubt |
If you’re called before a grand jury, it’s wise to consult a lawyer for grand jury investigations in MA or a Grand jury defense lawyer Massachusetts. I can advise you on the process, ensure you understand your rights, and communicate with the prosecutor if necessary.
If you’re wondering, “Indicted by a grand jury? What to do next,” you need immediate legal representation. An attorney for grand jury indictment in MA can review the evidence against you and develop a strategy to challenge the prosecutor’s claims.
There’s a common belief that grand jurors indict most of the time because the defense isn’t present. Still, each case is unique. Prosecutors typically won’t seek an indictment unless they feel confident in their evidence, so treat grand jury proceedings seriously.
I offer representation as a criminal defense lawyer for grand jury cases in Massachusetts and can guide you through every stage of the process, from the investigation phase to trial.
A grand jury indictment does not mean you are automatically guilty—it simply means the prosecutor has convinced the grand jury there’s sufficient evidence to move forward. However, it’s vital to treat an indictment seriously and begin working on a defense strategy immediately.
I use my experience as both a former prosecutor and a defense attorney to build strong defenses for clients facing grand jury indictments. If you need a Grand jury defense lawyer Massachusetts, feel free to reach out to Riccio Law. With offices in Attleboro and Quincy, I represent clients throughout the Commonwealth.
Contact Riccio Law today if you’ve been indicted by a grand jury or if you suspect you’re under investigation. The sooner we get started, the better we can protect your rights.