Everything You Need To Know About The Grand Jury Process In Nevada
A grand jury decides whether or not the state of Nevada has enough evidence to charge an individual with a serious felony offense. It’s important to note that a grand jury indictment does not mean that the defendant is guilty. It’s up to a trial jury to decide guilt.
The grand jury process in Nevada is often a good indicator of how a criminal trial will go. If you’re facing a grand jury procedure or have already been indicted by a Clark County grand jury, it’s essential to consult with a proven Las Vegas criminal defense lawyer as soon as you can.
In this article, we cover:
- What is a grand jury?
- When is a grand jury used in Nevada?
- What is a grand jury indictment?
- What evidence does a grand jury need to indict in Nevada?
- What happens after a grand jury indictment
- The difference between a grand jury and a trial jury in Nevada
Continue reading to learn everything you need to know about the grand jury process in Nevada.
What Is A Grand Jury?
A Nevada grand jury is a group of citizens (16 – 20 people) empowered by Nevada state law to determine whether enough evidence exists to indict (prosecute) an individual for breaking the law.
According to NRS 172.105, a grand jury may convene to “inquire into all public offenses” committed within the district court’s jurisdiction. The prosecution can use a grand jury to seek indictments for any type of crime.
However, since the grand jury process can be long and resource-intensive, district attorneys typically reserve grand juries for high-profile cases or serious felony offenses. Further, most serious federal offenses require a grand jury indictment before federal charges are filed in Nevada (federal grand juries are comprised of between 16-23 persons).
What’s The Grand Jury Process In Nevada?
The grand jury process can take anywhere from a few months to much longer. The Nevada grand jury process generally includes the following:
- Notice is given to the defendant prior to the proceeding
- The prosecution presents evidence to the grand jury (i.e., witness testimony, affidavits, and other types of evidence)
- The defendant testifies (not recommended by most criminal defense attorneys)
- The grand jurors deliberate and issue an indictment or dismissal
What’s The Difference Between A Grand Jury And A Trial Jury?
Both grand juries and “petit juries” comprise a group of citizens to determine certain outcomes of a case. Take a look at a few key differences between a criminal trial jury and the grand jury system in Nevada in the chart below.
| Grand Jury in Nevada | Criminal Trial Jury in Nevada | |
| Number of Members | 16 – 20 | 12 |
| Random selection of citizens | Yes | Yes |
| Secret deliberation | Yes | Yes |
| Public Proceeding | No | Yes |
| Unanimous decision required by jurors | No (12 or more must concur) | Yes |
| Attorney Present During the Proceeding | No | Yes |
| When the Proceeding Occurs | Before charges are filed | After charges are filed |
| Outcome | Indictment/prosecution OR dismissal | Guilty or Not Guilty |
| Eligible for Appeal | No | Yes |
| Preliminary Hearing | No | Yes |
It’s important to note that an individual can’t request a grand jury. Generally, the district attorney decides to convene a grand jury proceeding or prosecute the case.
Also, criminal defense lawyers are not allowed to be present during a grand jury proceeding. However, a witness attorney may be present – so long as they don’t violate any of the grand jury rules for attorneys outlined in NRS 172.239.
When Is A Grand Jury Used In Nevada?
The majority of state-level criminal charges in Nevada don’t involve the grand jury system. Typically, the district attorney charges the defendant with a crime via an “information.” After charges are filed, the case goes to the pretrial phase.
The prosecution is more likely to use a grand jury when a case involves serious felony offenses. Additionally, the district attorney may opt for a grand jury indictment in high-profile criminal cases.
It’s important to note that an individual can still face indictment by a grand jury even if the court previously dismissed charges brought via an information.
What Is A Grand Jury Indictment And Does It Mean A Person Is Guilty?
- What is a grand jury?
- When is a grand jury used in Nevada?
- What is a grand jury indictment?
- What evidence does a grand jury need to indict in Nevada?
- What happens after a grand jury indictment
- The difference between a grand jury and a trial jury in Nevada
Continue reading to learn everything you need to know about the grand jury process in Nevada.
What Evidence Does A Grand Jury Need To Indict In Nevada?
Under NRS 172.155, a grand jury can issue an indictment under the following conditions:
- The evidence presented to the grand jury (“taken together”) establishes probable cause that a criminal offense occurred.
- There is probable cause that the accused is the person that committed the offense.
It’s important to note that a defendant can object to the “sufficiency of evidence” presented to the grand jury by applying for a writ of habeas corpus. However, it’s recommended that you consult with an attorney before doing so.
What Happens After A Grand Jury Indictment?
As stated earlier, the grand jury system in Nevada does not determine guilt. Instead, it’s just a conclusion that there is enough evidence to proceed with criminal charges. What happens after a grand jury indictment can include the following:
- Depending on the case, the accused may be arrested
- If the accused or defendant is already arrested, a judge may set bail or other pretrial release conditions
- The defendant enters a guilty or not-guilty plea during arraignment
- Plea bargain negotiations with the prosecution (depending on the circumstances)
- The case moves forward to trial if the defendant enters a not guilty plea
If you’re facing indictment by a Clark County grand jury or have already been indicted, it’s in your best interest to consult with an experienced criminal defense attorney as soon as possible.