What a Grand Jury Does
A grand jury decides whether the government has enough evidence to charge someone with a serious crime. It does not decide guilt. It listens to a prosecutor in private and votes on whether there is “probable cause” to believe a person committed a crime. If it agrees, it returns an indictment, the formal charge (U.S. Courts).
Key facts
- A federal grand jury has 16 to 23 members, and 12 must agree to indict (Rule 6).
- Every federal felony must be charged by indictment unless the defendant waives it (Rule 7).
- In fiscal 2010, grand juries refused federal prosecutors 11 times, about 1 in 17,547 cases federal prosecutors closed (BJS).
- The requirement comes from the Fifth Amendment but never applied to the states (Hurtado v. California (1884)).
The right is in the first words of the Fifth Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” The founders meant it as a shield, a group of ordinary citizens standing between the government and the person it wants to charge.
A grand jury also investigates. It can subpoena documents and order witnesses to testify, which makes it one of the strongest tools a prosecutor has.
How a Federal Grand Jury Works
It meets in secret, hears only the prosecutor, and needs 12 votes to indict. That is 75% of the smallest possible panel and 52% of the largest.
- 16-23
- Grand jurors on a federal panel
- 12
- Votes needed to indict, whatever the panel size
- 18-24 months
- How long a regular grand jury serves, with an extension
- $50
- Daily pay for a federal juror
The rules come from Federal Rule of Criminal Procedure 6 and the jury statutes:
- Who is in the room: only government attorneys, the witness being questioned, an interpreter when needed, a court reporter or recording operator, so no judge presides and a witness’s own lawyer waits outside. During deliberation and voting, only the jurors may be present.
- Secrecy. Grand jurors, prosecutors, court reporters and interpreters are sworn to secrecy. Witnesses are not on that list, so a witness may generally talk about their own testimony.
- Evidence. Prosecutors may use hearsay. In Costello v. United States (1956), the Court held that an indictment by “a legally constituted and unbiased grand jury” is enough, even if it rests on secondhand evidence.
- The other side. Prosecutors do not have to present evidence that helps the suspect. The Court held in United States v. Williams (1992) that a judge cannot throw out an indictment for leaving it out. Justice Department policy still tells prosecutors to disclose “substantial evidence that directly negates the guilt” of a subject they know about (Justice Manual 9-11.233).
- Special grand juries. Large districts also seat special grand juries to investigate organized crime and corruption. They serve 18 months and can be extended up to 36 months (18 U.S.C. 3331).
How a federal case moves through a grand jury
- Investigation Prosecutors gather evidence The grand jury can subpoena records and witnesses. People under investigation may get a target letter.
- Presentation The prosecutor presents the case Witnesses testify one at a time. The suspect has no right to appear or to have a lawyer argue.
- Vote At least 12 jurors must agree Jurors vote alone, with no prosecutor in the room.
- Yes A true bill, or indictment The indictment is returned to a magistrate judge in open court.
- No A no true bill No charge is filed. Prosecutors may present the case again to a new grand jury.
Source: Federal Rules of Criminal Procedure 6 and 7; DOJ Justice Manual 9-11.000
Grand Jury vs. Trial Jury
A grand jury decides whether to charge you. A trial jury decides whether you are guilty. They answer different questions under very different rules.
Grand jury, trial jury and preliminary hearing
Source: U.S. Courts, Types of Juries; Federal Rules of Criminal Procedure 6 and 23
The preliminary hearing is the main alternative. Many states let a prosecutor charge a felony by filing a document called an information, followed by a hearing where a judge checks for probable cause and the defense can challenge the evidence.
How Often Grand Juries Refuse to Indict
Almost never. In fiscal 2010, grand juries turned down federal prosecutors 11 times, while 162,351 suspects were prosecuted. That is the most recent year the Bureau of Justice Statistics published the count (BJS).
- 162,351
- Federal suspects prosecuted, fiscal year 2010
- 11
- Times a grand jury refused to indict
- 1 in 17,547
- Grand jury refusals per closed federal case
The rate says as much about the design as about the evidence, because jurors hear only one side. Most federal cases then end in a guilty plea, so the grand jury’s check mostly works by making prosecutors confident before they ask. Our 6th Amendment explainer covers the plea system.
Grand Jury Refusals Since 2025
In 2025, grand juries began turning down federal prosecutors in cases that drew national attention. A former federal prosecutor and a former public defender, writing in Lawfare, called it “nearly unheard of” for a grand jury to refuse even once, and counted at least six failed attempts in Washington, D.C., after similar failures in Los Angeles protest cases.
Where recent grand jury fights stand
As of September 28, 2026
- Federal assault and threat cases Ended, no true bills, summer 2025
Federal prosecutors failed on at least six occasions to get felony indictments, including one protester case rejected three times and the Washington, D.C., "sandwich thrower" case, Lawfare reported on September 8, 2025. (source)
- James Comey indictment Ended, dismissed November 2025
Prosecutors admitted the full grand jury never saw the final indictment, and a judge threw the case out after ruling the prosecutor who presented it, Lindsey Halligan, was illegally appointed. (source)
- Letitia James re-indictment Ended, refused twice, December 2025
After the first indictment was dismissed, grand juries in Norfolk and then Alexandria, Virginia, declined to indict her again. (source)
- Jackson County, Mississippi, death investigation Final ruling, report released September 2026
A 23-member state grand jury issued more than 100 subpoenas, heard more than 40 witnesses, and found no credible evidence of a crime in the death of 18-year-old Nolan Wells. His family disputes the finding. (source)
Source: Lawfare; Al Jazeera; PBS NewsHour (AP); NPR
The refusals have limits. Prosecutors recharged some Washington, D.C., cases as misdemeanors by information, which needs no grand jury. News reports cited by Lawfare said Justice Department officials told prosecutors to impanel new grand juries when one said no. The Lawfare authors argue that re-presenting a case until a panel agrees contradicts the Justice Manual and undercuts the Fifth Amendment’s purpose.
The Comey case shows why the rules on the room matter. At a hearing in November 2025, prosecutors admitted that the full grand jury never saw the final version of the indictment, and a magistrate judge cited “a disturbing pattern of profound investigative missteps” (Al Jazeera). A federal judge then dismissed the case because the prosecutor had been illegally appointed (PBS NewsHour).
What Happens After a Grand Jury Indictment
An indictment is an accusation, not a conviction. You are still presumed innocent, and the government must prove the charge at trial.
In federal court, the judge issues an arrest warrant or, if prosecutors ask, a summons to appear (Rule 9). You then go to an arraignment in open court. There you get a copy of the indictment, hear the charge, and enter a plea (Rule 10). If you cannot pay for a lawyer, ask for one at your first appearance.
Some people learn they are under investigation before any indictment. The Justice Department calls a person a “target” when prosecutors have substantial evidence linking them to a crime, and a “subject” when their conduct is within the scope of the investigation. Prosecutors are encouraged to warn targets before seeking an indictment, so they can choose to testify, except in routine cases or when a warning could put the case at risk (Justice Manual 9-11.151 and 9-11.153).
Grand Juries in the States
The federal grand jury right does not bind the states, so each state sets its own rules. The Supreme Court held in Hurtado v. California (1884) that states may charge by a prosecutor’s filing instead.
FindLaw’s 2019 survey counted 23 states that require a grand jury indictment for at least some serious crimes, 25 where it is optional, and 2, Connecticut and Pennsylvania, that no longer use grand juries to bring charges, though both still use them to investigate (FindLaw). Some states that “require” an indictment do so only for the most serious crimes, so check your state’s law before relying on the count.
State grand juries also review deaths and police shootings, where their reports can carry as much weight as a charge. In September 2026, a 23-member grand jury in Jackson County, Mississippi, issued more than 100 subpoenas, heard more than 40 witnesses, and found no credible evidence of a crime in the death of 18-year-old Nolan Wells. His family disputes the finding, and the NAACP has asked the district attorney’s office to release its own report (NPR).
If You Are Called for Grand Jury Duty or Subpoenaed
Grand jury duty is a court order, and a subpoena to testify is too. Federal jurors are picked at random from voter lists in the district, and anyone who is a U.S. citizen, at least 18 years old, living in the district for at least a year, able to read, write and speak English can be called (28 U.S.C. 1863 and 1865).
What to do, by situation
Open the one closest to yours. This is general information, not legal advice.
I got a summons for grand jury duty
- Fill out and return the questionnaire by the deadline.
- If serving would be a real hardship, explain it in writing. The court decides.
- Expect to meet on a schedule, such as one day every other week, for many months.
U.S. Courts says grand juries meet on set schedules over a term of up to 18 months, or 24 with an extension. Federal law says citizens have "an obligation to serve" when summoned.
I got a subpoena to testify
- Call a lawyer before your date. Do not skip it.
- Your lawyer cannot come into the room with you, so prepare with them beforehand.
- You must answer each question unless the answer could incriminate you. Then say you are invoking the Fifth Amendment, one question at a time.
Only government attorneys, the witness, an interpreter and a court reporter may be in the room (Rule 6(d)). The Justice Department advises targets and subjects of their rights before they testify.
I got a target letter
- Hire a lawyer or ask for a public defender right away.
- Do not talk to investigators without your lawyer.
- Decide with your lawyer whether to ask to testify. It can help or hurt.
A target is someone prosecutors have substantial evidence against. A target letter is a warning that an indictment may come.
I served and want to talk about it
- Do not discuss what happened in the room, even after your term ends.
- Ask the court if you are unsure what you may say.
Grand jurors are sworn to secrecy under Rule 6(e), and a knowing violation of Rule 6 may be punished as contempt of court.
The Debate Over Grand Juries
Supporters say the grand jury lets ordinary people check the government. Critics say it has become a rubber stamp. Both views fit the data.
The critics point to the refusal rate and the one-sided design: no judge, no defense lawyer, and no duty to present evidence that helps the suspect. Many states let prosecutors skip the grand jury and use a preliminary hearing, where a defense lawyer can question the evidence.
The supporters point to 2025. Grand juries that refused weak or overcharged cases in Washington, D.C., and Virginia did what the founders designed them to do. Supporters also argue that secrecy protects people who are investigated but never charged. The Lawfare authors argue the recent refusals show the grand jury “returning to its roots” as a check on government overreach.
Common questions
What does a grand jury do?
A grand jury decides whether a prosecutor has enough evidence to charge someone with a crime. It hears the government’s evidence in private and votes on whether there is probable cause. In federal court, at least 12 of its 16 to 23 members must agree to indict.
What is the difference between a grand jury and a trial jury?
A grand jury decides whether to charge someone, using the lower probable cause standard, in secret, and usually hears only the prosecutor. A trial jury decides guilt at a public trial, where both sides present evidence and the standard is proof beyond a reasonable doubt. A federal trial jury has 12 members.
What does it mean to be indicted by a grand jury?
It means a grand jury found probable cause to believe you committed a crime and should be put on trial. It is a formal charge, not a finding of guilt. At trial the government must still prove the charge beyond a reasonable doubt.
What happens after a grand jury indictment?
In federal court, the judge issues an arrest warrant or a summons. You then appear for an arraignment in open court, where you get a copy of the indictment, hear the charge, and enter a plea.
How is a grand jury selected?
Federal grand jurors are picked at random from voter registration lists or lists of actual voters in the district. You must be a U.S. citizen, at least 18 years old, living in the district for at least a year, able to read, write and speak English. Jurors are paid $50 a day.
Can a grand jury refuse to indict?
Yes, but it is rare. In fiscal 2010, a grand jury’s refusal to indict ended 11 of the 193,021 federal cases U.S. attorneys closed. Refusals became more visible in 2025, when grand juries in Washington, D.C., and Virginia rejected several high-profile cases.
What You Can Do
- Serve if you are called. A grand jury is only as independent as the people on it. Ask questions, and remember you can vote no.
- Know your rights as a witness. You can invoke the Fifth Amendment one question at a time. Our 5th Amendment explainer explains how.
- Get a lawyer early. If you receive a subpoena or a target letter, call a lawyer before you do anything else.
- Watch how your state charges crimes. Ask your legislators whether your state uses grand juries or preliminary hearings, and whether grand jury reports on police shootings are made public.
- Know the rest of your rights. Our Miranda rights guide covers what to say if police want to question you.