Grand Jury Indictment Procedure & Trial Workflow Map

Interactive Procedural Node Graph Pathway: Grand Jury (PC 888)

Police & Prosecutor Investigation PC 830

Proceedings Confidential

Defense Presence No Right to Attend

Evidentiary Standard Reasonable Suspicion

Key Authority Law Enforcement

Initial investigation gathering evidence, interviewing witnesses, and establishing sufficient legal grounds to initiate formal felony charges.

Suspicion Probable Cause Beyond Reasonable Doubt

Threshold: 25% (Reasonable Suspicion)

Procedural Rights & Statutory Rules

Target has no statutory right to testify or present exculpatory evidence directly.
Prosecutor must disclose known exculpatory evidence under PC 939.71.
Transcripts remain sealed until 10 days after delivery to defendant (PC 938.1).

Procedural Pathway Comparison: Grand Jury Indictment vs. Preliminary Hearing

Feature / Dimension	Grand Jury Indictment (PC 888)	Preliminary Hearing Information (PC 859b)
Forum & Decision Maker	Secret Grand Jury Panel (19 Citizens in CA, 14 concurrence required)	Public Hearing before Superior Court Judge / Magistrate
Defense Presence & Cross-Exam	Excluded. Neither defendant nor defense counsel present.	Full defense presence; right to cross-examine prosecution witnesses.
Rules of Evidence	Prosecutor presents evidence; statutory rules applied flexibly.	Strict California Evidence Code rules apply; judge rules on admissibility.
Evidentiary Standard	Probable Cause to believe accused committed offense (PC 939.8)	Probable Cause to hold defendant to answer for trial
Dismissal / Challenge Motion	PC 995 Motion to Set Aside Indictment (Lack of Reasonable Cause)	PC 995 Motion / PC 871 Magistrate Dismissal at hearing end

Feature / Dimension

Grand Jury Indictment (PC 888)

Preliminary Hearing Information (PC 859b)

Forum & Decision Maker

Secret Grand Jury Panel (19 Citizens in CA, 14 concurrence required)

Public Hearing before Superior Court Judge / Magistrate

Defense Presence & Cross-Exam

Excluded. Neither defendant nor defense counsel present.

Full defense presence; right to cross-examine prosecution witnesses.

Rules of Evidence

Prosecutor presents evidence; statutory rules applied flexibly.

Strict California Evidence Code rules apply; judge rules on admissibility.

Evidentiary Standard

Probable Cause to believe accused committed offense (PC 939.8)

Probable Cause to hold defendant to answer for trial

Dismissal / Challenge Motion

PC 995 Motion to Set Aside Indictment (Lack of Reasonable Cause)

PC 995 Motion / PC 871 Magistrate Dismissal at hearing end