Grand jury indictment in Nevada
In Nevada, the prosecution can skip the preliminary hearing and take a felony case directly to a grand jury, a secret proceeding where the defense is not allowed in the room. If 12 or more jurors vote to indict, formal charges are filed. Here is how it works and what you can do about it.
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Grand jury
-Secret, with no public access
-Defense excluded entirely
-No cross-examination of witnesses
-No judge in the room
-Prosecutor controls all evidence
-Relaxed rules of evidence
-12 of 16–23 jurors must vote to indict
Preliminary hearing
+Public proceeding
+Defense attorney present and active
+Cross-examination of prosecution witnesses
+Judge presides and rules on objections
+Defense can present evidence and argue
+Standard rules of evidence apply
+Judge decides probable cause
The prosecutor chooses which path. The defense has no say. In complex, high-profile, or sensitive cases, prosecutors almost always prefer the grand jury, because they control the process completely and the defense cannot test the evidence before trial.
How the grand jury process works
From the prosecutor's decision to the indictment filing.
Prosecutor initiates the process
The DA chooses to present the case to a grand jury instead of holding a public preliminary hearing. This decision is entirely at the prosecutor's discretion. The defense has no say in which path the case takes.
Grand jurors are selected and sworn
Between 16 and 23 citizens are selected from the standard jury pool. Once sworn, they may serve for weeks or months and hear multiple cases during their term.
Prosecutor presents evidence
The prosecutor calls witnesses, introduces documents, and presents whatever evidence they choose. The defense is not in the room. There is no cross-examination, no objections, and no judge presiding over the proceedings. The rules of evidence are relaxed.
Grand jury deliberates and votes
After hearing the evidence, the jurors deliberate in private. If 12 or more vote that probable cause exists, they return a true bill, which is a formal indictment. If fewer than 12 vote to indict, they return a no bill and no charges are filed through this process.
Indictment is filed and defendant is arraigned
The indictment is filed with the court. The defendant is arrested or summoned to appear. At arraignment, the charges are read, bail is addressed, and the case enters the normal criminal process: discovery, motions, negotiation, and potentially trial.
Why prosecutors prefer grand juries
Secrecy
Proceedings are confidential. The defense cannot see the evidence early, cannot assess the prosecution's theory, and cannot prepare targeted challenges before trial. Witnesses testify without the defense knowing what they said.
Total control
The prosecutor decides what evidence to present, which witnesses to call, and how to frame the case. There is no adversary in the room challenging the narrative. The grand jury hears only the prosecution's version.
Speed
An indictment can be obtained faster than litigating through a contested preliminary hearing, where the defense may cross-examine witnesses, raise objections, and argue that probable cause is lacking.
No risk of losing at the prelim
At a preliminary hearing, a judge might find insufficient probable cause and dismiss the case. At a grand jury, with no defense participation and relaxed evidence rules, the probability of indictment is very high.
How to challenge a grand jury indictment
The bar is high, but indictments can be attacked. Your attorney obtains the grand jury transcript and looks for grounds to move to dismiss.
Prosecutorial misconduct
The prosecutor misled the grand jury, withheld exculpatory evidence, made improper legal statements, or used the grand jury for an illegitimate purpose (like intimidating witnesses rather than investigating a crime).
Procedural errors
The grand jury was not properly convened, jurors were not properly selected or sworn, the proceedings were conducted improperly, or the vote did not meet the required threshold.
Insufficient evidence
Even under the relaxed grand jury standard, the evidence must support probable cause. If the transcript reveals that the prosecution's evidence is so thin that no reasonable grand jury could have found probable cause, dismissal is possible.
Lack of jurisdiction
The grand jury was convened in a jurisdiction that does not have authority over the alleged crime, or the charges exceed what the grand jury authorized.
Received a target letter or grand jury subpoena?
Call before the indictment comes down. A defense attorney can start right away: preserving evidence, advising on whether to testify if subpoenaed, and in some cases presenting information to the prosecutor that influences whether the case goes to the grand jury at all. Once the indictment is returned, the posture shifts from prevention to defense.
Grand jury questions
Common questions about grand jury indictments in Nevada.
Frequently asked questions
Indicted, or expect to be?
An indictment is not a conviction. The prosecution still has to prove the case at trial. Michael Mee reviews the grand jury transcript, identifies weaknesses, and builds the defense from day one. Call 702-990-0190 for a free consultation.
Page last updated . Written by Michael Mee, Nevada Bar No. 13726.