Kelley, Wolter & Scott, P.A. | Attorneys At Law

Your defense begins today. Call 612-200-2866

  • Home
  • About
  • Attorneys
    • Douglas A. Kelley
    • Steven E. Wolter
    • Brett D. Kelley
    • Adam C. Ballinger
    • Stacy L. Bettison
    • Daniel M. Scott
    • Perry F. Sekus
    • Garrett S. Stadler
  • Practice Areas
    • White Collar Criminal Defense
    • Federal Charges
    • Complex Civil Litigation
    • Internal Investigations
    • Grand Jury Witness Representation
    • Professional License Defense
  • Blog
  • Contact
Kelley, Wolter & Scott, P.A. | Attorneys At Law
  • Home
  • About
  • Attorneys
    • Douglas A. Kelley
    • Steven E. Wolter
    • Brett D. Kelley
    • Adam C. Ballinger
    • Stacy L. Bettison
    • Daniel M. Scott
    • Perry F. Sekus
    • Garrett S. Stadler
  • Practice Areas
    • White Collar Criminal Defense
    • Federal Charges
    • Complex Civil Litigation
    • Internal Investigations
    • Grand Jury Witness Representation
    • Professional License Defense
  • Blog
  • Contact

Call: 612-200-2866

  1. Home
  2.  → 
  3. White collar crime
  4.  → Explainer: how Minnesota’s grand jury system works

Explainer: how Minnesota’s grand jury system works

On Behalf of Kelley, Wolter & Scott, P.A. | Aug 4, 2020 | White collar crime

Though the grand jury is an important piece of the criminal justice system, it doesn’t determine guilt or impose penalties. Instead, a prosecutor convenes a grand jury to determine whether to indict – bring charges against – a person suspected of committing a crime.

Though all states have provisions for grand juries, only about half make use of them. In Minnesota, a grand jury can include up to 23 people, though they can function with as few as 16.

The state says a grand jury must be convened in cases in which “the offense charged is punishable by life imprisonment” and that prosecutors have the option to use grand juries in other cases.

Grand juries hear one side

One of the important differences between a grand jury and a trial jury is that a grand jury hears from only one side – the prosecutor.

Criminal defense attorneys are not directly part of the grand jury process, though it’s important for suspects to get legal counsel.

Prosecutors can also subpoena witnesses, “who have to testify under oath” to the jurors, the state says.

Presentation of evidence

In these proceedings, the prosecutor presents evidence to the grand jury “to establish there is probable cause to believe an offense has been committed and the defendant committed it,” the Minnesota Judicial Branch says on the state website.

Witness testimony consists of answering questions posed by the prosecutor – and by jurors.

In often complex white-collar cases involving allegations of tax fraud, healthcare fraud, wire fraud or related crimes, it’s important to have legal representation even if you’re not the focus of the proceeding. The focus can shift as a result of information given to the grand jury.

Attorneys for grand jury witnesses

Attorneys for witnesses are one of the few people allowed to be present in grand jury proceedings, in addition to the prosecutor and jurors. Attorneys can advise and consult with a witness during testimony, if the witness has waived the privilege against self-incrimination or has been granted immunity.

After the grand jury’s heard the evidence, jurors vote on the indictments presented by the prosecutor. If at least 12 jurors vote that evidence establishes probable cause, an indictment is issued.

It’s known as a “no bill” when no indictment is issued.

The secrecy of grand juries

The state demands grand jury secrecy – transcripts aren’t made public and jurors aren’t allowed to talk about the proceedings. Why so secretive? Secrecy’s intended to encourage witnesses to speak freely and to protect the reputations of those people who are not indicted.

Another element of the secrecy is that witnesses testify to the jury one at a time. In that way, witnesses cannot hear other testimony or questions.

It should be noted that a case is not necessarily over just because no indictment is issued. A case can go back to a grand jury, if a judge allows it.

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Preparing for your civil litigation case
  • Elements of wire fraud and common defenses
  • Doug Kelley Helps Secure Largest Jury Verdict in Minnesota History: BMO to pay $563.7m in Petters’ Ponzi scheme
  • Why you should never lie to federal law enforcement professionals
  • Medicaid fraud comes in many varieties

Archives

  • March 2023
  • December 2022
  • November 2022
  • September 2022
  • June 2022
  • March 2022
  • December 2021
  • September 2021
  • May 2021
  • February 2021
  • November 2020
  • August 2020
  • May 2020
  • March 2020
  • February 2020

Categories

  • Civil Litigation
  • Criminal Defense
  • Federal crimes
  • Firm News
  • Health Care Fraud
  • Internal Investigations
  • White collar crime

RSS Feed

Subscribe To This Blog’s Feed

Findlaw Network

Schedule An Attorney Consultation

Contact Us

Kelley, Wolter & Scott, P.A.

Centre Village Offices
431 South Seventh Street, Suite 2530
Minneapolis, MN 55415

Phone: 612-200-2866

Fax: 612-371-0574

Minneapolis Office
Review Us
  • Follow

© 2023 Kelley, Wolter & Scott, P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters