Legal Question in Criminal Law in Massachusetts
grand jury case
What is the differance of a case brought to you by grand jury compared to the d.a-cops? What I mean is ''you have been inditated by the grand jury '' compared to just facing crimmial charges.
3 Answers from Attorneys
Re: grand jury case
A matter brought before the grand jury which produces an indictment means that this matter will be heard in Superior Court and the punishment could be greater and include Prison time. A matter handled by the Police Prosecutor or an Asst. District Attorney in District Court means that the meximum penalty is 2.5 years in a jail.
An example is an assault and battery with a dangerous weapon. Maximum punishment in district court is 2.5 years in a jail. Maximum penalty in Superior Court is 5 years in a prison.
Re: grand jury case
Just to add - an indictment is a presentation to a grand jury by the district attorney, who will usually get it - as a no brainer; Having been indicted, a person faces very serious consequences, with DAs who tend to be more experienced then their district court partners. An indicted person should have a lawyer who is familiar with the Superior Court arena. A failure to do so is asking for major problems.
Re: grand jury case
As my friends have pointed out, indictment is a signal that the Commonwealth is taking the matter very seriously. Proceeding by grand jury indictment is generally reserved for those cases that a screening district attorney has deemed worthy of special attention.
You should also treat the matter seriously by taking whatever proactive steps you can (always of course with the help of an experienced criminal lawyer).