Grand Jury Proceedings and Indictments in Colorado

Updated July 21, 2020

Grand jury proceedings may occur when a person is charged with a felony. In Colorado, a person can be charged with a felony by indictment after being charged by the grand jurors or by the filing of an information, a separate process.

A “grand jury” is not the same as a regular jury you see during a criminal trial (called a “petit jury”). A petit jury decides guilt or innocence beyond a reasonable doubt, while a grand jury determines whether or not there is probable cause to believe that the defendant may have committed the crime.

Proceedings

A Colorado grand jury is made up of 12 or 23 people with 4 alternates and has three functions:

1. to investigate alleged criminal activity;
2. to charge (indict) individuals it believes to be responsible for the alleged criminal activity; and
3. to provide security against unfounded accusations against innocent people.

The members of the group are drawn according to specific procedures set forth under Colorado and local law from a pool of eligible citizens.

Presentation of Evidence

A Colorado prosecutor will present evidence before the grand jurors to attempt to show that the person believed to have committed the crime actually committed the crime.

The group must determine whether probable cause exists to charge the accused individual with a felony. The jurors are able to call and ask questions of any witnesses who are required to answer by law while under oath.

Federal Grand Jury Proceedings

Federal criminal charges can also be filed through the grand juror process run by the federal courts.

Under the 5th Amendment to the United States Constitution, charges for certain serious felonies are required to be brought through this process.

Below, our Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is a grand jury?
  • 1.1 How often are grand juries used?
  • 1.2 How often are they used in federal court?
• 2. How is the grand jury put together?
  • 2.1 How are the jurors selected?
• 3. What does the grand jury do?
  • 3.1 Can the jurors require witnesses to testify?
  • 3.2 Will the jurors hear from me, my lawyer, or my witnesses?
  • 3.3 Do the jurors decide if I am guilty or innocent?
• 4. When do grand jurors issue an indictment?
  • 4.1 Is the indictment a secret?
• 5. Is the federal process different?

Grand jury proceedings may occur when a person is charged with a Colorado felony.

1. What is a grand jury?

Grand jury proceedings may occur when a person is charged with a Colorado felony. In Colorado, a person can be charged with a felony by:

• indictment after being charged by the grand jury; or
• information, a separate process.

It is not the same as a regular jury you see during a criminal trial (called a “petit jury”). A petit jury decides guilt or innocence beyond a reasonable doubt. Grand juror investigations determine whether or not there is probable cause to believe that the defendant may have committed the crime in its judicial district.

1.1 How often are grand juries used in Colorado?

In Colorado, most felony indictments are done by “information” and the grand juror process is used sparingly.

However, it is important to understand how it works and how it may affect your case if you are charged with a felony through this process.

1.2 How often are they used in federal court?

In federal criminal court, most felonies are initiated through the federal grand jury process. The 5th Amendment to the United States Constitution requires that all prosecutions for “infamous” crimes be brought through this process. ¹

This right can be waived by the defendant.

2. How is the grand jury put together?

In Colorado, the group is made up of 12 or 23 people with 4 alternates. The jurors have three functions:

1. to investigate alleged criminal activity;
2. to charge (indict) individuals it believes to be responsible for the alleged criminal activity; and
3. to provide security against unfounded accusations against innocent people.

At least 9 members of the group must meet if the jury is made up of 12 to constitute a “quorum” or an appropriately large enough group to vote. At least 12 members of the group must meet if it is made up of 23 people. ²

2.1 How are the jurors selected?

A jury is summoned by the court after a request by the attorney general or district attorney’s office. Jurors are selected by the chief judge with the advice of the deputy Colorado district attorneys. ³

Grand jurors are summoned from the same group of eligible people as trial jurors and are picked according to Colorado law as well as local procedures.

2.2 How long does jury duty last?

Grand juror service is for a term of 12 months, but may be shorter if the court discharges them.

The term can be longer if a judge finds that it is necessary, but no term may exceed 18 months. ⁴

3. What does the grand jury do?

The group’s main job is to determine whether there is enough evidence to send a suspect to trial for the alleged crime.

To determine whether enough evidence exists, the jurors will:

• hear evidence presented by the prosecutor;
• listen to witnesses presented by the prosecutor;
• question witnesses already called;
• call additional witnesses if it finds it necessary;
• review documents, testimony, or other evidence; and
• convene to discuss and make a determination concerning probable cause.

3.1 Can the jurors require witnesses to testify?

The jurors have a power that even law enforcement does not have, the ability to subpoena witnesses to testify before them under oath. Witnesses are allowed to have an attorney present, but the attorney may not participate.

A witness who refuses to answer questions after being called may be held in contempt of court and could be subject to penalties, including jail.⁵

3.2 Will the jurors hear from me, my lawyer, or my witnesses?

No. Although it is the job of the jurors to determine whether enough evidence exists to charge the suspect with a crime, the suspect and defense attorney are not allowed to be a part of the entire process.

The jurors hear only the prosecutor’s side of the case – which often includes police officers – and must make a determination based on a one-sided view of the facts. In short, it is nothing like a jury trial.

3.3 Do the jurors decide if I am guilty or innocent?

No. The jurors decide only whether probable cause exists to believe that the suspect may have committed a crime.

A petit jury at a criminal trial will determine, beyond a reasonable doubt, whether the suspect actually committed the alleged offense.

4. When do grand jurors issue an indictment?

If the group decides that probable cause exists to believe the suspect committed the alleged crime it can issue an indictment, also known as:

• a “true bill;” or
• a “presentment.”

If the grand jury decides there is not enough evidence, it will not issue an indictment, but instead will issue a “no true bill,” or as it is commonly called a “no bill.”

4.1 Is the indictment a secret?

A district attorney may file a petition with the court requiring the court to seal the indictment. This means that no person may disclose the existence of the indictment until:

• the defendant is in custody; or
• the defendant has been admitted to bail; except
• as when necessary for the issuance of a warrant or summon.⁶

The reason the district attorney may seal the indictment is to prevent a suspect from fleeing law enforcement after learning about pending criminal charges.

5. Is the federal process different?

The process is similar but there are some differences between the Colorado and federal processes.

Federal grand juries must have:

• 16 to 23 members, and
• at least 12 members must vote to issue an indictment. ⁷

Only the following people may be present at a federal proceeding:

1. the jurors themselves,
2. attorneys for the government (federal prosecutors from the U.S. Attorney’s Office),
3. any witnesses being questioned,
4. interpreters, if needed, and
5. court reporters.

As with Colorado state law, the accused in federal court is not typically present at the proceeding—and the proceeding takes place in secret.

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We represent clients in and around Denver, Colorado Springs, Boulder County, El Paso County, Logan County, Arapahoe County, Adams County, Aurora, Fort Collins, Lakewood, Yuma, Sedgwick, Phillips County, and several nearby cities. In light of Covid 19 / coronavirus, we are also offering discounted rates and payment plans.

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