After someone is arrested for a felony in Northern Kentucky the first step is the preliminary hearing (see earlier blog post in regards to that topic). If the preliminary hearing is waived or the District Court Judge finds probable cause exists, then the charges are referred to the Grand Jury. The Grand Jury is made up of citizens from the voting rolls just as a ordinary jury is. However, the defense is not allowed to appear and cross examine witnesses nor produce its own witnesses. The defendant has the option of testifying before the Grand Jury but this is extremely rare.
The Grand Jury’s deliberations are secret and not subject to release. However, the recorded testimony before the grand jury can be produced to the defense upon demand. Typically, these witnesses are the arresting officer and the victim (if applicable). The Grand Jury can vote to indict (pronounced in-dite and means to charge with an offense) the charge as it is presented by the prosecutor, indict on a lesser charge or ignore the case all together. If an indictment is approved by the Grand Jury then a warrant is issued on that indictment and the defendant is arraigned on the charge. If it is a felony indictment then the case is sent to Circuit Court. If it is a misdemeanor then the case is sent to district court.
In any event, if your case is going to a Grand Jury it is a serious matter. You need to act quickly to ensure your rights are being protected. If you have any questions please call me, Mike Zimmerman, at 513-333-0014.
