Grand jury panels are selected the same way petit, or trial, juries are. There is very little voir dire, which is done by the judge, and jurors are only excused for cause.

Grand jury proceedings are totally secret. The only people who can be present are the jury, a witness (while testifying), a sworn interpreter (if needed), the court reporter, a grand jury clerk, and the prosecutor. It is unlawful for anyone else to be present, and it is unlawful for members of the jury or anyone else to discuss what takes place in the grand jury proceedings.

Grand jury testimony is usually released prior to trial so that the defendant has a transcript of the proceedings in his or her case only.

Defendants do not have a “right” to testify at grand jury, though they may be invited to testify if they wish to. They have an absolute fifth-amendment right not to testify. If they do choose to testify, they can consult with a lawyer outside the grand jury room at any time, but the lawyer cannot be in the grand jury room.

The grand jury usually only hears one side of the case, and that is the State’s side. The State would have an obligation to present any evidence tending to prove the defendant is not guilty. The reason it is one-sided is that the purpose of the grand jury is only to ensure that the State has sufficient evidence to formally charge the defendant with a crime. It does not determine guilt or innocence, it only returns an indictment, or a “no bill” if there is insufficient evidence.