How Does a Case Come Before the Grand Jury?
Rule RCr 520 - Return of Indictment
Upon the return of an indictment by the grand jury, the court shall issue a bench warrant for the arrest of the defendant, unless the defendant is already in custody.
Rule RCr 522 - Procedure Upon Failure to Indict
If the grand jury fails to indict the defendant, the court may dismiss the case or order the defendant's release on bail.
Rule RCr 524 - Secrecy of Grand Jury Proceedings
Grand jury proceedings are secret, and the public is not allowed to attend. However, the court may release information about the proceedings if it determines that the release is necessary to serve the public interest.
A. Number and Duration of Service
A grand jury consists of 12 to 23 members, who are selected by the circuit court clerk. The grand jury serves for a term of one year.
B. Under the United States and Kentucky Constitutions, a Person Accused of a Felony Offense Can Be Prosecuted
A grand jury is a pivotal and deciding factor to indict a defendant bringing forward formal criminal charges.
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