Category: Court Process · Statute: F.S. 905 · Source: Florida Legislature
Understanding Grand Jury Process (Detailed) in Florida
In Florida, the grand jury process is a formal investigative and accusatory proceeding governed by Chapter 905 of the Florida Statutes. While a prosecutor can file charges for most crimes using an "information," the Florida Constitution mandates that no person can be tried for a capital crime—such as first-degree murder—without a grand jury indictment. A Florida grand jury consists of 15 to 21 citizens who convene in absolute secrecy. Unlike a trial, there is no judge present in the room, and the defense has no right to present evidence, cross-examine witnesses, or even be present during the proceedings. The state attorney acts as the legal advisor to the grand jury, presenting witnesses and physical evidence to secure an indictment.
The grand jury’s primary role is to determine whether probable cause exists to believe a crime was committed and that the accused committed it. If at least 12 jurors agree that the evidence is sufficient, they return a "true bill," which becomes a formal indictment. If they find the evidence lacking, they return a "no true bill," preventing the charges from moving forward in that manner. Beyond criminal indictments, Florida grand juries also possess broad investigatory powers to issue "presentments." These are public reports addressing official misconduct, systemic corruption, or conditions in local institutions like jails, even if no specific criminal charges are filed.
How the Grand Jury Process Impacts Bail
The return of a grand jury indictment significantly alters a defendant's path to pretrial release. Because indictments in Florida are frequently used for capital offenses or crimes punishable by life imprisonment, defendants often face "Arthur hearings," where the presumption of non-monetary pretrial release is rebutted if the state's proof of guilt is evident or the presumption great. Furthermore, if a defendant is indicted while already out on bail for a lesser charge, the court may immediately revoke the existing bond and issue a no-bond warrant, requiring a complete reassessment of flight risk and community danger under the newly indicted charges.