Donald Trump expects to be indicted by a grand jury. What does that mean?
A grand jury in New York is expected to convene Thursday and former President Donald Trump announced he is expected to be indicted.
But what exactly does that mean?
“It is simply a determination whether or not there is reason to hold the person to answer to the charge,” said South Florida criminal defense lawyer Richard Serafini.
Serafini is also a former trial attorney in the criminal division of the Department of Justice.
He said in New York, felony charges must come from a grand jury, a group of 23 people who hear details of a case.
The grand jury was expected to meet Wednesday, but the Associated Press reported they would not be meeting. The reason for the postponement was not immediately clear.
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“They hear evidence from the prosecutors, and they determine whether or not there’s probable cause to charge an individual with a crime,” Serafini said.
During a grand jury proceeding, there is no judge and nobody there to represent the defendant.
It’s just prosecutors presenting their case. Serafini said that’s why they almost always win.
“Ultimately, it is the grand jury that makes a determination,” Sarafini said. “But overwhelmingly, a prosecutor will get an indictment that he or she requests.”
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A grand jury does not need to be unanimous, just a majority has to vote to indict.
In the case of Donald Trump, if the District Attorney in Manhattan can convince a majority of the grand jury that Trump committed a crime, Trump will be indicted.
Serafini said he expects that to happen in the near future, but he was also quick to point out a grand jury does not determine a person’s guilt or innocence.
That would be done at a trial where a jury can only convict if prosecutors prove a defendant’s guilt beyond a reasonable doubt.
