Understanding Grand Jury Indictments: When to Hire a Criminal Defense Lawyer – Law Blog

Previous to 2025, the saying was that federal prosecutors may persuade a grand jury to indict a ham sandwich. In August 2025, although, federal prosecutors did not persuade a grand jury to indict a protester with felony assault for throwing a salami sub sandwich at a Border Patrol officer.

Sean Dunn was recorded on video throwing a sandwich on the physique of a Border Patrol officer on the nook of 14th and U Streets in Washington, DC. Dunn was inches away from the officer and was calling him and the others “fascists” and shouting, “I don’t need you in my metropolis!” The officer was carrying full physique armor and was on the road with a number of different officers.

The video went viral on-line. Senior officers of the Division of Justice talked in regards to the case and posted a video of a big group of closely armed and armored legislation enforcement raiding Mr. Dunn’s residence.

Federal prosecutor’s failure to safe an indictment in opposition to Dunn isn’t the primary time {that a} prosecution has fallen aside. Sidney Lori Reid allegedly struggled and fought with an immigration officer, “flailing her arms and kicking and needed to be pinned in opposition to a cement wall.” Throughout the battle, an FBI agent scratched a cement wall.

Federal prosecutors tried to cost Reid with felony assault on the FBI agent, however three totally different grand jurors declined to take action. As a substitute, prosecutors will cost Reid with a misdemeanor. Dunn will possible be charged with a misdemeanor as effectively, assuming that prosecutors don’t try and cost Dunn with felony assault once more.

What Is a Grand Jury?

Like a jury sitting for a trial, grand jurors are residents randomly chosen to serve on the grand jury. For federal courts, grand juries vary from 16 to 23 individuals. The aim of a grand jury is to find out if there’s possible trigger to indict a legal defendant. An indictment is a proper accusation by the state that an individual has dedicated a criminal offense. In distinction, a trial jury determines if the legal defendant is responsible or not responsible of the fees introduced by the indictment accredited by a grand jury. The usual for a trial jury is past an affordable doubt whereas an indictment solely requires possible trigger.

Grand juries meet in confidential conferences with the prosecutors. The prosecutor presents the identified proof in opposition to the named defendants to the grand jury. No judges or protection attorneys are permitted. On the finish of the conferences, the grand jury votes on what prices, if any, to indict a legal defendant with. For federal courts, 12 jurors are required for an indictment.

Grand juries are confidential to guard a possible defendant’s popularity if a jury doesn’t indict and to permit witnesses to talk with out concern of retaliation. A grand jury can subject subpoenas to view potential proof.

If a grand jury doesn’t indict, a prosecutor should still deliver the defendant to trial. Nevertheless, if a grand jury doesn’t indict, it’s much less possible {that a} trial jury would discover the defendant responsible. In contrast to a grand jury continuing, a legal protection legal professional throughout a jury trial would have the ability to make counter-arguments and current opposite proof. 

Proportionality in Regulation Enforcement

The Eighth Modification of the Structure forbids merciless and weird punishment. The Supreme Court docket has beforehand interpreted this clause to imply that the punishment needs to be proportional to the crime dedicated. In different phrases, the punishment ought to match the crime.

Though a grand jury doesn’t decide guilt, it does decide what the precise prices are. Proportionality ought to apply not solely to the punishment, but additionally to the precise crimes themselves. Misdemeanors are meant for minor offenses, whereas felonies are reserved for crimes which might be critical, corresponding to however not restricted to violence, theft of a sure worth quantity, and the usage of kids for sexual functions.

Federal prosecutors overcharging individuals undermines this precept of proportionality. Charging individuals with felonies means they could spend extra time in jail previous to trial and probably be topic to larger bail. If defendants are literally harmless till confirmed responsible, the burden on defendants ought to be lessened the place doable.

Furthermore, proportionality retains the federal government sincere and clear. If prosecutors need to cost somebody with a felony, they need to have adequate proof to cost somebody with a felony fairly than topic the defendant to a chronic case with a number of prices or extra prices that the prosecution doesn’t even have.  

Ought to I Rent a Felony Protection Lawyer?

If in case you have been charged with committing a criminal offense, it’s in your greatest pursuits to seek the advice of with a talented legal protection legal professional. Your legal professional can help you with asserting a protection that’s accessible in your case and might characterize you in courtroom.