Grand Juries in Mississippi: The Secret Process Behind Criminal Charges

In our practice, we often find ourselves waiting on a grand jury to take action in a case—typically one involving felony-level charges. So what exactly is a grand jury, and what do they do? Here’s a straightforward breakdown of how grand juries work, why their proceedings are secret, and what role they play in Mississippi’s criminal justice system.

What is a Grand Jury?

A grand jury is a group of citizens made up from within the county who are called to serve by a circuit court judge. This is similar to being called for regular jury duty, but instead of sitting through a trial, grand jurors whether there is probable cause to indict someone with a crime.

In Mississippi, a grand jury must have at least 15 members but no more than 25.

What Does a Grand Jury Do?

The job of a grand jury is to investigate criminal activity and to determine whether formal charge should be brought. If they find probable cause that a crime has been committed and a particular person committed that crime, they can return what’s called “A True Bill”—which means an indictment will be issued.

In order to indict someone, at least 12 of the grand jurors must agree.

Who Can Be in the Room During a Grand Jury?

Grand jury proceedings are not open to the public. Only the grand jurors, prosecuting attorneys, and any witnesses are allowed in the room. During deliberations and voting, only the grand jurors are allowed to be present.

This process is designed to protect the privacy of the investigation and the reputations of those who might be falsely accused.

Are Grand Jury Proceedings Secret?

Yes. In Mississippi, grand jurors are sworn to secrecy. They are not allowed to discuss what took place in the proceedings or share any information for at least six months after the grand jury is dismissed.

This confidentiality is a core part of how the grand jury system works.

Should You Testify Before a Grand Jury if You’re Under Investigation?

NOT WITHOUT TALKING TO A LAWYER FIRST. If you have been issued a subpoena to testify and you believe that you are under investigation for a crime, it’s critical that you speak with a criminal defense attorney before proceeding. Remember, your lawyer is not allowed in the room when you decide to testify before a grand jury.

At our firm, we rarely allow clients to testify before a grand jury unless there is a signed agreement granting full immunity from prosecution for that specific charge (or any lesser-included offenses).

Talk to a Criminal Defense Lawyer in Mississippi

If you’ve received a grand jury subpoena, or you think you may be under investigation for a crime, do not navigate the system alone. Contact McCormick Lawrence today for a free consultation. We’re here to protect your rights and help you understand every step of the criminal process.