Wondering how indictments and the grand jury work? Here’s the process in NC

Earlier this week, a grand jury in New York indicted Donald Trump, making him the first former U.S. president to face criminal charges in 150 years.

The exact charges remain sealed until Tuesday, when he will be arraigned. One accusation stems from the former president’s role with a hush-money payment to an adult film actress during his 2016 campaign, as first reported by the New York Times.

Even with the indictment and the possibility of additional charges, Trump, who is a Republican presidential candidate in 2024, could still run for office.

States are not required to charge by grand jury but many states do, including North Carolina. The exact procedures for a criminal case vary depending on multiple factors, such as whether the crime committed is a felony or misdemeanor.

Here’s a breakdown of the state’s adult criminal justice process from the North Carolina Conference of District Attorneys:

• Offense: Crime is committed.

• Investigation: Continues throughout the process.

• Arrest: Defendant is charged. Bond is set after the arrest and can be reviewed at any court hearing.

• First Appearance: Bond is reviewed. Defendant advised of rights.

• Probable Cause Hearing: Felony cases only. Possible grand jury indictment.

• Entry of Plea: Plea negotiations and guilty pleas can happen any time before a verdict.

• Trial: Misdemeanor cases are generally tried in district court. Felony cases are presented in Superior Court.

• Sentencing: If convicted, the defendant will be sentenced by a judge.

• Appeal to a Higher Court: Not all cases are appealed.

What does the grand jury do?

For potential felony charges, evidence will be presented to a grand jury, made up of 16-23 people who do not know the defendant.

After listening to prosecutors and witnesses, the group votes whether there is sufficient evidence for a person to be charged. By federal law, all proceedings and statements made before a grand jury are sealed.

How is a grand jury chosen in NC?

As stated in the North Carolina Grand Juror Handbook, members of the grand jury are chosen from the master jury list prepared by an independent Jury Commission in each county that draws names from lists of registered voters and licensed drivers.

Nine people are selected at random from the master jury list during the first session of criminal Superior Court held in the respective county, after January 1 and July 1, making up the full group of 18 members of the jury.

Are states required to use a grand jury?

No. Many states, including North Carolina, do charge by use of a grand jury. Only the federal government is required to use the grand jury for all felony crimes.

What is an indictment?

According to the U.S. Department of Justice, an indictment is a formal notice to let a person know they are being accused of committing a crime. The indictment contains the basic information of the charges against them.

What happens after an indictment?

Either the same day or the day after a person is arrested and charged, an initial hearing with a magistrate judge will be held to go over the charges and their rights. Arrangements are also made for the defendant to have an attorney and a judge decides if that person will be held in prison or released until the trial. The defendant will also be asked to plead guilty or not guilty to the charges.

Pleading guilty vs. not guilty

If the defendant pleads guilty, there will be no trial and preparation will begin for a sentencing hearing. If they plead not guilty, a preliminary hearing will take place where evidence will be presented and witnesses will speak. Ultimately, a trial will be scheduled if the judge decides the crime was committed. Otherwise, the charges will be dismissed.