A grand jury is a type of jury, comprised of citizens who are presented with evidence from a state or federal prosecutor (District Attorney or United States Attorney) to determine whether there is probable cause to believe a person committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. This is known as a “true bill,” and the grand jury is said to have “returned a true bill.” If the grand jury does not believe there is sufficient evidence the accused committed a crime and should be put on trial, it is said to return a “no true bill" or "no bill."

The United States Constitution does not require states to use a grand jury to bring criminal charges against a person—but many states do use grand juries, and some states are required by their state constitution or statutes to use a grand jury to secure an indictment for any felony criminal offense. And the U.S. Supreme Court has interpreted the Constitution to require the federal government to use grand juries for all felony crimes.

Grand jury proceedings are not open to the public and accused persons and their attorneys do not have the right to appear before the grand jury, or to be informed of the proceedings. Witnesses subpoenaed by a grand jury do not have the right to have their attorney present during their testimony. The grand jury proceedings are generally transcribed by a court reporter, but the record is sealed.

Federal grand juries generally consist of 16-23 persons who serve or work on the grand jury for a few days each month for approximately one year—after which a new grand jury is selected by the Federal District Court. At least 12 jurors must agree to return a true bill for indictment of the accused person.

Procedures for the use of grand juries in the state court system vary from state to state and are generally governed by the state’s constitution, and statutes that are often located in the penal or criminal code, the code of criminal procedure, or the government code.

In Vermont, grand juries are not commonly used to bring criminal charges. Instead, the state typically utilizes a probable cause hearing before a judge to determine whether there is sufficient evidence to charge someone with a felony offense. This is in contrast to the federal system, where the U.S. Constitution and Supreme Court mandate the use of grand juries for all felony crimes. Federal grand juries consist of 16-23 members who serve for about a year, and at least 12 jurors must agree to indict. Vermont's state constitution and statutes do not require a grand jury for indictments, reflecting a significant procedural difference from the federal system. Grand jury proceedings are secretive, and neither the accused nor their attorneys have the right to be present or informed about the proceedings. Witnesses cannot have their attorneys with them during testimony, and the records of the proceedings are sealed.