Understanding the Grand Jury Process and Your Rights
Being indicted by a grand jury in Ohio is one of the most serious moments in a person’s legal life. It means the state believes it has enough evidence to prosecute you for a felony. But what does that indictment actually mean? What happens next? And what should you do immediately after learning you’ve been indicted? These are questions every Ohioan facing criminal charges needs answered.
As criminal defense attorneys who have handled hundreds of grand jury cases across Ohio, we’ve seen what happens when people don’t understand the process. They wait too long to hire an attorney. They speak to police without counsel. They assume the grand jury process is fair and balanced. None of those assumptions hold up.
What Is a Grand Jury in Ohio?
In Ohio, a grand jury is a group of citizens who review evidence presented by prosecutors to determine whether probable cause exists to believe someone committed a felony. Under Ohio Revised Code Section 2939.02, grand juries in Ohio consist of between 12 and 23 members.
The grand jury process is one-sided. Only the prosecution presents evidence. You are not there. Your attorney is not there. Grand juries indict in the overwhelming majority of cases presented to them.
What Does It Mean When You Are Indicted?
An indictment means the grand jury has voted that probable cause exists to believe you committed the felony charged. This is a relatively low legal standard. The indictment is a formal charging document that moves your case into the Court of Common Pleas.
An indictment is not a conviction. It is not proof of guilt.
The Arraignment
After indictment, you will be arraigned in the Court of Common Pleas. At arraignment, the court will advise you of your rights, inform you of the charges, and address bail/bond conditions. This is the moment to enter your not guilty plea.
Bond and Bail After Indictment
Whether you will be released pending trial depends on your ties to the community, employment, family situation, severity of charges, and criminal history. Bail conditions might include electronic monitoring, travel restrictions, or passport surrender.
Discovery and Evidence
After indictment, your attorney will request discovery from the prosecution. The prosecutor must provide all evidence material to guilt or innocence. Your attorney will review this evidence for inconsistencies, investigation failures, and exculpatory evidence.
Your Rights After Indictment
You have the right to counsel, the right to confront witnesses, the right to discovery, the right against self-incrimination, and the right to a speedy trial.
Why You Need an Attorney Before the Grand Jury Acts
If you know you are a target, hire an attorney before the indictment is returned. A defense attorney can contact the prosecutor and potentially persuade them not to seek an indictment.
What Zukerman Law Does Differently
At Zukerman, Lear, Murray & Brown, we have over 100 years of combined trial experience. We prepare every case for trial. We retain investigators, file motions to suppress, and exploit every weakness in the state’s case. Recognized by Best Lawyers in America, Super Lawyers, and America’s Top 100 Criminal Defense Attorneys.
Contact Zukerman Law Today
Zukerman, Lear, Murray & Brown Co., L.P.A.
3912 Prospect Ave E
Cleveland, Ohio 44115
(216) 696-0900
