Grand jury is the last stage in a criminal investigation. As
with all criminal investigations, grand jury proceedings are secret. Grand
jurors and petit (trial) jurors are selected from the rolls of registered
voters in the county and judicial district where they live. Grand jurors are
chosen at random from this jury pool. Twenty grand jurors are impaneled. A
minimum of fifteen grand jurors is required to meet and hear the criminal
cases. However, only twelve grand jury votes are required to indict a criminal
charge.
Once empaneled, the circuit judge will appoint a grand jury
foreman. Grand jurors and witnesses must take an oath to keep deliberations
secret. Typically a grand jury panel sits for six months, meeting as often as
necessary to consider criminal prosecutions and other matters required by law..
A Mississippi grand jury is authorized and empowered by the
Mississippi Constitution and law to investigate crimes to decide if whether a
crime has been committed and whether the defendant can be identified as the
perpetrator of that crime. In order to discharge its investigative duties, the
grand jury has broad subpoena powers to compel the attendance and testimony of
witnesses and production of documents and evidence.
The grand jury’s broad investigative powers extend to on
site inspection of the county jail, youth detention, and sixteenth section
land. The grand jury can also hear from the circuit clerk, chancery clerk, tax
collector, forestry commission, and board of supervisors and make
recommendations in their final report.
Persons testifying before the grand jury are entitled to
immunity from prosecution for the crime being investigated. Of course, every
witness has a fifth amendment U.S. constitutional right not to incriminate
himself and the grand jury cannot compel a witness to do so. If the target or
subject of a grand jury investigation wishes to testify, that person can
voluntarily waive state law grand jury immunity and U.S. constitutional fifth amendment
privilege. Anyone testifying before the grand jury is entitled to seek legal
advice. However, the subject’s lawyer is not permitted to appear before the
grand jury and must wait outside.
The only persons authorized to appear before the grand jury
are the prosecuting attorney presenting the case and any witnesses, such as
police investigators or victims. Prosecutors authorized to present matters to
the grand jury are the District Attorney and assistants, Attorney General and
assistants and the county prosecuting attorney. However, when the grand jury
votes to indict or to no true bill a case, only the grand jurors themselves are
present. Even prosecutors are excluded during the grand jury vote. Unlike
federal grand juries, Mississippi grand juries generally do not have a court
reporter to record and transcribe witness testimony. Mississippi grand juries
are authorized to send target letters to subjects being investigated. Anyone
receiving a target letter from a federal or Mississippi grand jury should immediately
consult an attorney for representation. And have a bail agent like Sid Davis of
Bail One National Bonding on standby.
When hearing criminal charges, a Mississippi grand jury is
authorized to resolve the charge one of three ways. A “True Bill” is a finding
of probable cause that the defendant committed the crime. The resulting
accusation is called an “Indictment” and identifies the defendant, a concise
statement of the facts sufficient to notify the defendant of the elements of
the crime charged, jurisdiction of the court, the date of the offense and
signature of the grand jury foreman and District Attorney. Depending on the
nature of the crime, an exact date may not be required. As long as the
defendant is on notice of the charge and its elements, the indictment is
sufficient. In practice, most indictments today list the Mississippi code
section charged but this is not required by law. The grand jury is authorized
to indict felony crimes as well as misdemeanors. However, the overwhelming
majority of indictments are for felonies only. If misdemeanor charges are
indicted, they usually pertain to the felony charge subject of the indictment.
A “No True Bill” is a grand jury finding that probable cause
does not exist. This means the investigation is concluded and the charge is
dismissed. Finally, the grand jury is also authorized to charge a misdemeanor
even if it is not a lesser included offense. In this case, the grand jury sends
the charge back to the court it originated from, usually justice court or
municipal court. By investigating and hearing criminal charges, the grand jury
also protects the public from unwarranted prosecution. Even if the grand jury
issues a No True Bill (dismissal) the arrest remains of record. The arrest and
charge can be expunged from government records upon proper application to the
court.
The defendant has the right to waive grand jury presentation
and indictment after advice of counsel. Frequently, waiver of indictment
follows plea negotiations with the prosecutor resulting in a more favorable or
reduced charge. The defendant can agree to prosecution by a Bill of Information
and Waiver of Indictment.
Other special considerations for the grand jury are multiple
counts and multiple defendants charged in a single indictment. The defendant
can file a motion to sever counts and co-defendants in order to provide the
jury with a clear and unbiased view of the facts. Severance of counts and
co-defendants is granted in order to fairly determine the defendant’s guilt or
innocence.
Upon proper motion by the prosecution, indictments may be
amended for form but not substance. Under some circumstances, an indictment can
be amended to conform to the proof. Amendments to the indictment that affect
sentencing have been held by the Mississippi Supreme Court to be formal (a
matter of form) and not substantial (a matter of substance). This means that
the prosecutor can file a motion in court before plea or trial to charge the
defendant as habitual offender. Habitual offender status means that the
defendant has been convicted of two prior felonies and sentenced to a year to serve
on each, even if the defendant got probation. An habitual offender can be
sentenced to the maximum time to be served day for day without parole or early
release. A life habitual offender means the defendant has two prior felony
convictions, that he served at least a year in prison on each conviction, and
one conviction was for a crime of violence. A life habitual sentence means life
without parole. Habitual offender sentences, like all sentences, must not be
cruel or unusual. The sentencing court has authority to reduce the sentence
below the maximum to avoid cruel, unusual or disproportionate punishment.
However, all habitual offender sentences will be served day for day without
parole or early release.
Sentencing enhancement for possession or sale of drugs near
a church, school or playground enhances or doubles the penalty for a drug
conviction. If the defendant has a prior drug conviction, the penalty can also
be enhanced or doubled. The grand jury is authorized to include the sentencing
enhancement in the indictment. Alternatively, the District Attorney, on written
motion, can ask the court to amend the indictment to include sentencing
enhancement.
Mississippi has a trigger lock law which adds a sentencing
enhancement for possession of a firearm during a drug crime. The Mississippi
trigger lock law increases the penalty for a drug conviction where the
defendant possessed a firearm at the time of the offense or the arrest. Like
other sentencing enhancements, the grand jury is authorized to include the enhancement
in the indictment. Alternatively, the District Attorney can move the court to
amend the indictment for the enhanced penalty.
Travel the country and
educate judges and legislators on the evils of commercial bail. As part of this
education process they cite Supreme Court decisions, research findings, and
public opinion as all supporting their position. Unfortunately, what they are
saying isn’t lining up with what they are selling…and someone on the bench
finally stood up and took notice. Recently, a Chief Justice out of
Illinois, decided to question PJI’s canned propaganda and do some research of
his own. The results…one of the most well thought out arguments against the
Bail Reform Movement I have ever read. Not only does he call out their baseless
claims and statistics but also questions their true motivations. Check out the
two links below. The first is a notice from the American Bail Coalition
regarding the statement and the second link is to read the full statement
from the Judge. Trust me when I say it will be worth it.
