In Missouri, a grand jury is a 12-person citizen panel that decides whether there’s probable cause to put someone on trial for a crime. The prosecutor presents evidence to the jury members. Nine of the 12 must agree to return an indictment (a “true bill”), which formally charges the defendant with the crime. The proceedings are secret by law. Prosecutors may charge crimes either by indictment (grand jury) or by information (without one).
How the grand jury process works
How a Grand Jury Works in Missouri – Step-by-Step Infographic
Although the grand jury is an independent group of citizens, they only hear evidence from the prosecutor. The defendant is not represented, is not able to present evidence, and usually isn’t aware of the proceedings. Because the prosecutor has complete control over what evidence they hear – and what evidence they don’t hear – it can be very easy for a prosecutor to convince a grand jury that charges should be filed.
It is especially easy to obtain a “true bill” (the document that initiates criminal charges), because they only need to find that there is “probable cause” to believe the defendant committed the crime. That is a very low standard. For example, a single witness claiming the defendant committed a crime creates “probable cause” under the law. Even evidence that merely suggests the defendant committed a crime is usually enough.
but, It’s not the only option
In Missouri, charges may be initiated by obtaining an indictment or by the filing of an “information” by the prosecutor. By filing an “information,” the prosecutor is telling the court that he believes the defendant probably committed a crime based on a sworn statement of a witness (usually a police officer).
Because the prosecutor by-passes independent review of the evidence before charges are filed, defendants charged by information are entitled to a “preliminary hearing.” At a preliminary hearing, the prosecutor must put on evidence to convince a judge (rather than a jury) that there is probable cause to put the defendant on trial. The other major difference is that the defendant and his lawyer are present, able to question witnesses, challenge evidence, and present their own evidence if they choose to.
so, Why use one over the other?
Prosecutors choose which to use based on strategy, timing, and the nature of the case. The biggest difference is that filing a case by information can be done extremely quickly. That allows charges to be officially filed, a warrant to be issued for arrest, and a bond imposed, if necessary, without delay. For the same reason, it simply more convenient and less costly to initiate prosecutions by information.
A grand jury still may be used for many reasons. Prosecutors may not want to subject alleged victims to cross-examination by a defense attorney during a preliminary hearing. In other cases, the privacy afforded by the grand jury process is preferred so that cases involving children or other traumatic events are not put on public display unnecessarily. Sometimes jurors, who can ask questions, can bring new insights to a case or how jurors will react to the evidence.
How Often Are Grand Juries Used?
Usage varies by county, prosecutor, and case type.
Less serious crimes are far more likely to be filed by information and proceed with a preliminary hearing. More serious crimes, sex offenses, or any crimes where children are victims or important witnesses are very likely to have probable cause determined through a grand jury, which the prosecutor can choose to do even if the case was initially filed by information.
FAQs
Is a Missouri grand jury required in every felony?
No. Prosecutors may proceed by indictment or information (with or without one, respectively).
How many jurors must agree to indict?
Nine of 12 grand jurors must concur for a “true bill.”
Are grand jury proceedings public?
No. Missouri statutes impose strict secrecy on grand jurors regarding evidence, witnesses, and indictments before arrest, with criminal penalties for violations.
What happens if I’m charged by information instead of indictment?
You typically receive a preliminary hearing where a judge decides probable cause. If indicted, that probable-cause step occurs in the grand jury.