When facing a criminal investigation in Iowa, many individuals are aware of the role of a trial jury, but the function of a grand jury is often overlooked. Far from the dramatic courtroom scenes depicted in TV and movies, a grand jury operates behind closed doors to determine if there is enough evidence to issue an indictment and proceed with a criminal case. Understanding this crucial step in the legal process is crucial, as is recognizing the indispensable role a Des Moines Criminal Defense Lawyer plays in safeguarding your rights and navigating the complexities that arise during a grand jury investigation in Iowa.
What is a Grand Jury and How Does It Work?
First and foremost, it’s crucial to understand that a grand jury is a group of seven citizens tasked with reviewing evidence presented by prosecutors to determine if there is probable cause to believe a crime has been committed and if criminal charges should be filed against a suspect. Unlike a jury trial, which decides whether the defendant is guilty beyond a reasonable doubt, a grand jury only decides whether formal charges should move forward. A grand jury’s primary role is to serve as a safeguard against unjustified prosecutions.
These proceedings are confidential, excluding judges and defense counsel. The grand jury possesses the authority to subpoena both witnesses and evidence. Grand juries are typically utilized in serious felony cases. While a defendant is usually absent during grand jury proceedings, an attorney can help explain your rights, prepare you if you are subpoenaed to testify, and intervene if improper evidence is presented against you.
When Are Grand Jury Proceedings Required?
As mentioned, grand juries are generally used for indictable offenses, certain aggravated misdemeanors, and cases with public or political sensitivity. Iowa does not mandate grand juries for criminal prosecutions. The state primarily uses preliminary hearings or a complaint filed by a prosecutor to initiate criminal cases.
Prosecutors may file a Trial Information directly, which officially charges a defendant with a specific crime. Essentially, this document serves as an alternative to a grand jury indictment. It can bypass the grand jury process if the prosecution has enough evidence. The judge will review the information to determine whether there is sufficient evidence to support the charges and warrant a trial.
Engaging a qualified Des Moines criminal defense lawyer is in your best interest, as they can present exculpatory evidence or help prevent biased presentations to the grand jury. At Herting Law, PLLC, we are prepared to help you navigate this difficult time and potentially avoid an indictment. Connect with our firm today to schedule a consultation.
