Are defendants held in lock-up while awaiting a grand jury trial?

[JJ Narayan]

Jurisdiction

California

This is kind of a random question that I'm curious about... my understanding (from Law and Order lol) is that when someone is arrested, they can be held in lock-up for up to two days before arraignment, where they will either be remanded to jail, ROR'd, or bail will be set. However sometime there is a grand jury trial to bring a formal indictment. During this process does the suspect remain in police custody or in jail, or are they released? If so, how long can the process take?

 

[cbg]

I don't know the answer to your question but I do just want to remind you that L&O is fiction - I caught them at least twice in errors of law involving things I do know the answer to, and that the answer is not necessarily the same from state to state and jurisdiction to jurisdiction.

 

[Highwayman]

Besides, there is no such thing as a "grand jury trial".

 

[JJ Narayan]

Sorry, I meant "grand jury".

Anyway, there are no fictional assumptions underlying my question. Grand juries are real and jail is real, and I'm asking about the timeline. I know it may vary by jurisdiction of course, but I am curious how it may work in general (or in whatever states y'all are from).

The right to a speedy trial is a constitutional right so I know people can't be held in police custody indefinitely, no matter the state. I think in many states you have two days to arraign. I'm just not sure what the timeline looks like when the prosecutor chooses to convene a grand jury.

 

[Tax Counsel]

This is kind of a random question that I'm curious about... my understanding (from Law and Order lol) is that when someone is arrested, they can be held in lock-up for up to two days before arraignment, where they will either be remanded to jail, ROR'd, or bail will be set. However sometime there is a grand jury trial to bring a formal indictment. During this process does the suspect remain in police custody or in jail, or are they released? If so, how long can the process take?

Not all states have grand juries, and the extent to which grand juries are used in the states that have them and the exact process for them varies by state. A grand jury indictment starts the criminal prosecution. The arrested person must released fairly promptly unless an indictment or other charging document is filed before or shortly after the arrest. If an indictment is needed, often what will happen is that the prosecutor will get an indictment quickly on the basis of the evidence available at the time, and then superceding indictments will be filed later to refine the charges as more evidence is obtained. Whether the prosecution is started by indictment, information, or whatever, the process for arraignment and setting bail is going to be pretty much the same.

 

[JJ Narayan]

Not all states have grand juries, and the extent to which grand juries are used in the states that have them and the exact process for them varies by state. A grand jury indictment starts the criminal prosecution. The arrested person must released fairly promptly unless an indictment or other charging document is filed before or shortly after the arrest. If an indictment is needed, often what will happen is that the prosecutor will get an indictment quickly on the basis of the evidence available at the time, and then superceding indictments will be filed later to refine the charges as more evidence is obtained. Whether the prosecution is started by indictment, information, or whatever, the process for arraignment and setting bail is going to be pretty much the same.

Thanks, so are you saying that in the situation you described, the prosecutor tries to get an indictment quickly so that the defendant does not get released before arraignment? If so, it sounds like grand juries are only convened for a day or two?

 

[army judge]

Thanks, so are you saying that in the situation you described, the prosecutor tries to get an indictment quickly so that the defendant does not get released before arraignment? If so, it sounds like grand juries are only convened for a day or two?

The 48 hour hold is used in some states to detain an arrestee (a mere suspect if you will), to allow police to gather ENOUGH evidence to lodge a formal complaint and an arrest warrant.

I have thought for many decades that such holds are unconstitutional.

If the police can't charge, they MUST release the suspect.

TN has long held the 48 hour hold policy, along with LA, and smattering of other states.

Well, the 48 hour hold policy is headed to the US Supreme Court, you can read all about it here:

Memphis's 48-Hour Investigative Hold Policy Heads to the Supreme Court - Supreme Court of Tennessee Blog

Don't confuse probable cause with reasonable suspicion.

Probable cause usually is grounds for a warrantless search or seizure, but reasonable suspicion is not.

The line between reasonable suspicion and probable cause has been at the forefront of numerous Supreme Court cases, but the simplest distinction is:

Reasonable suspicion exists when the likelihood of criminal wrongdoing would be apparent to a trained police officer.

Probable cause exists when the likelihood of criminal wrongdoing would be apparent to any reasonable person.

The reasonable person test has long been the arbiter of arrest or release.

It is also the standard most prosecutors adhere to and practice daily.

Let's wait and see what the Supremes decide.

The last time the Supremes took such a case, (back in 1991) they upheld 48 hour holds for mere suspicion, absent probable cause.

Justices Say Suspects Can Be Held Up to 48 Hours Without Warrant

 

[Tax Counsel]

Thanks, so are you saying that in the situation you described, the prosecutor tries to get an indictment quickly so that the defendant does not get released before arraignment? If so, it sounds like grand juries are only convened for a day or two?

Grand juries are usually picked to sit for a period of several weeks or more. The grand jury then looks at all the cases brought to it by the prosecutor during that time. Grand juries are not empaneled for just a single case. In other words, it is not the case that the police would arrest John Doe on a murder charge and then the prosecutor goes out to call people to a grand jury for that one case. Instead, the prosecutor goes to the grand jury that is already selected presents the evidence he/she has to support an indictment. So the grand jury may be presented with a number of cases during the time it is seated.

Some states as well as the federal government also use grand juries to conduct investigations in addition to making decisions on indictments. Those are the situations in which a grand jury has more extensive involvement in the matter.

 

[Highwayman]

...I am curious how it may work in general (or in whatever states y'all are from)

Then start reading through the criminal procedure laws for whatever states you're interested in.