Rochester, New York grand jury proceedings are secret and are not open to the public. The grand jury consists of sixteen to twenty-three people who listen to the evidence and determine whether there is enough evidence to put a criminal defendant on trial for a felony.

If they decide that there is enough evidence, they vote an indictment.

You have the right to testify before the grand jury. Your lawyer may go with you to the proceeding. However, your lawyer must remain silent during your testimony.

Your lawyer may not address the grand jury or object to the prosecutor’s questions. If you wish to speak with your lawyer before testifying, you may do so outside the grand jury room.

If you decide to testify before the grand jury, you will probably be cross-examined by the prosecutor. The prosecutor will ask any questions the grand jurors may have for you. You may ask that the grand jury hear witnesses willing to testify for you. But you are not allowed to be present in the grand jury room while they testify.

If the grand jury does not vote an indictment, you will be released from jail. If the grand jury votes an indictment, your case will be transferred from the local criminal court to Supreme Court or County Court for another arraignment. You will be formally charged with the crimes voted by the grand jury in the indictment. You must plead either guilty or not guilty. The conditions of your bail may also be reviewed and plea bargaining may take place.