GRAND JURIES
 

Grand juries are convened by Circuit Courts.  There are two basic types of grand juries: regular grand juries and special grand juries. 

Regular grand juries are probably the most common form of grand juries in Virginia.  A regular grand jury is composed of five to seven citizens of the city or county where the circuit court is located.  Grand jurors must be at least eighteen years of age. They must have also  lived in the Commonwealth of Virginia for at least a year and within the jurisdiction which they are called to serve for at least six months. The term served by each grand jury is determined by the Circuit Court in their jurisdiction.

Regular grand juries are convened at set times to consider indictments prepared by the Commonwealth's Attorney. These cases may be felony charges which have been certified by one of the District Courts or, more rarely, direct indictments issued directly from the Commonwealth's Attorney's office.  The grand jury determines whether there is probable cause to believe that the person accused has committed the crime charged in the indictment and should stand trial. The grand jury hears only the Commonwealth's side of the case and does not determine the guilt or innocence of the accused. The defendant does not appear and does not testify. Evidence is not usually presented by the lay witnesses who are involved in the case, but usually condensed and presented by whichever law enforcement official who is involved with the investigation of the case. 

A special grand jury also is composed of seven to eleven citizens who must meet the same qualifications as listed above.  A special grand jury is summoned by the circuit court to investigate and report any condition which involves or tends to promote criminal activity, either in the jurisdiction covered by the circuit court or by any governmental authority, agency, or official thereof. A special grand jury may be convened by the circuit court under two circumstances: (1) at any time upon the court's own motion, or (2) upon the recommendation of a minority of the members of a regular grand jury. A majority of the members of a regular grand jury must recommend a special grand jury be convened before the Circuit Court judge can impanel one.