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  • Representing a case to the grrand jury.

    From micky@21:1/5 to All on Thu Sep 8 05:57:11 2022
    If a prosecutor presents his case to the grand jury and the jury doesn't indict, can he just present it to the next one?

    Does he have to improve his case, increase the evidence, improve his presentation, or can he just do what he did the first time?

    If the second time doesn't work, can he do it a 3rd or 4th?

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Roy@21:1/5 to micky on Thu Sep 8 07:51:29 2022
    On 9/8/2022 5:57 AM, micky wrote:
    If a prosecutor presents his case to the grand jury and the jury doesn't indict, can he just present it to the next one?

    Does he have to improve his case, increase the evidence, improve his presentation, or can he just do what he did the first time?

    If the second time doesn't work, can he do it a 3rd or 4th?


    It probably varies from state to state. My "Law and Order" watching
    said that the prosecutor needed a judge to approve a motion to represent
    the case. I think in the one show the murdered victim's body finally
    floated ashore.

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  • From Stuart O. Bronstein@21:1/5 to Roy on Thu Sep 8 11:40:53 2022
    Roy <montanawolf@outlook.com> wrote:
    On 9/8/2022 5:57 AM, micky wrote:

    If a prosecutor presents his case to the grand jury and the jury
    doesn't indict, can he just present it to the next one?

    Does he have to improve his case, increase the evidence, improve
    his presentation, or can he just do what he did the first time?

    If the second time doesn't work, can he do it a 3rd or 4th?

    It probably varies from state to state. My "Law and Order"
    watching said that the prosecutor needed a judge to approve a
    motion to represent the case. I think in the one show the
    murdered victim's body finally floated ashore.

    A grand jury indictment isn't required in every state. In California prosecutors can go to a grand jury, or they can simply file an
    "information" with the court, to the same effect.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Barry Gold@21:1/5 to Stuart O. Bronstein on Thu Sep 8 14:49:58 2022
    On 9/8/2022 11:40 AM, Stuart O. Bronstein wrote:
    A grand jury indictment isn't required in every state. In California prosecutors can go to a grand jury, or they can simply file an
    "information" with the court, to the same effect.

    Yes, but in states that don't require a Grand Jury, there is a
    "preliminary hearing" where the prosecutor must convince a judge that
    there is "probably cause" to go forward with a trial.

    I think the preliminary hearing is actually better, because:

    1. A judge is probably less malleable than a grand jury (as the sayin
    goes, a prosecutor that can't persuade a grand jury to indict a ham
    sandwich is incompetent).

    2. The defense is usually present at a preliminary hearing, and can
    present evidence to convince the judge that there is NOT probable cause.
    I think in most cases the defense doesn't do this, because they prefer
    to avoid revealing their evidence and strategy in advance of the trial,
    but if the prosecution's case looks particularly weak the defendant's
    lawyer might try to knock holes in it and avoid a full-fledged trial.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

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