What Is a Grand Jury—and Why Is It Used in First-Degree Premeditated Murder Cases in Minnesota?
When someone is accused of a serious crime—especially first-degree premeditated murder—the legal system is supposed to move carefully and deliberately. One of the most critical early steps in that process is the grand jury.
But what exactly is a grand jury, and why is it required in first-degree murder cases in Minnesota?
At Jack Rice Defense, we think it’s vital that our clients and the community understand how the system works, particularly when the stakes are this high. If you are facing criminal charges in Minnesota, especially murder, and you might be facing a possible 1st degree murder charge, it is critical to have an experienced criminal defense attorney by your side. Contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“Ever heard the phrase, you can indict a ham sandwich? That comes from somewhere. The problem isn’t always the charge, its sometimes the overcharge.”
What Is a Grand Jury?
A grand jury is a group of citizens (usually 16–23 people) brought together to detemrine whether there is probable cause to believe that a crime has been committed and that a specific person committed it. They don’t decide guilt or innocence—that’s the role of a trial jury. Instead, they decide whether a formal criminal charge (called an indictment) should be issued.
How the Grand Jury Process Works in Minnesota
In Minnesota, grand juries are used exclusively for the some serious charges—most notably first-degree murder under Minnesota Statute § 609.185. Here's how the process typically unfolds:
Closed and Secret Proceedings: Grand jury hearings are not public. The defense and the accused are not present, and the proceedings are kept confidential.
Run by the Prosecution: The prosecutor presents the evidence, calls witnesses, and controls the entire process. There is no judge or defense attorney involved in the room.
No Cross-Examination or Defense Evidence: The grand jury only hears what the prosecution wants to show. There is no opportunity for the accused to challenge evidence or present their side.
Indictment Requires 12 Votes: At least 12 jurors must vote in favor of indictment for the case to move forward.
“The process is purposely a one sided argument. What do you think the outcome will be?”
Why Grand Juries Are Required in First-Degree Premeditated Murder Cases
Minnesota law mandates that first-degree murder charges be brought by a grand jury indictment. This requirement exists because of the gravity of the offense and the life-altering consequences that come with it.
First-degree premeditated murder is the most serious criminal charge in the state and carries a mandatory life sentence. Before allowing the state to prosecute someone for such a charge, the law requires this extra step—a review by a panel of citizens—to help ensure fairness and transparency.
Is the Grand Jury Process Fair?
From a defense perspective, there are real concerns.
Since the process is entirely prosecution-driven and the defense has no role in the room, many legal experts argue that grand juries tend to be rubber stamps. The old saying that a prosecutor could “indict a ham sandwich” reflects the reality that these proceedings often go one way—and quickly.
That’s why having an experienced, strategic, and aggressive criminal defense attorney involved as early as possible is absolutely critical. Even though the defense doesn’t get to speak during the grand jury, behind-the-scenes advocacy—investigating the case, identifying weaknesses in the prosecution's theory, and bringing pressure through legal and media channels—can make a significant difference.
Timing
In Minnesota, any crime punishable by life in prison as well as any murder case where the prosecutor announces their intent to present their case to the Grand Jury must start the process within 14 days of the Defendant’s first court appearance.
Why Choose Jack Rice Defense?
At Jack Rice Defense, we bring an unmatched combination of experience, insight, and legal expertise to every case we handle:
Jack Rice is a Board-Certified Criminal Law Specialist, certified by the Minnesota State Bar Association—an honor held by only a small percentage of attorneys in the state.
He is a former prosecutor, which gives him deep insight into how the state builds and presents cases.
Jack also served as a CIA Officer, giving him a unique global perspective on investigation, interrogation, and strategy under pressure.
With decades of courtroom experience, Jack Rice has built a reputation for handling the most serious and complex criminal cases in Minnesota and beyond.
When you're facing charges as serious as first-degree murder, you need a defense attorney who knows the system from the inside out—and who will fight relentlessly for your future.
“From my perspective, I have a lot of problems with the Grand Jury process. There is no cross examination and the defense isn’t involved at all.”
Contact Jack Rice Defense for a Free, Confidential Consultation
If you or someone you love is under investigation or facing charges for first-degree premeditated murder, don’t wait until it’s too late. The state is already building its case. You need a legal team that knows how to push back—now.
📞 Call us today at (651) 447-7650 or (612) 227-1339
🌐 Visit us online at JackRiceDefense.com
All consultations are free and confidential. Your rights, your freedom, and your future are too important to leave to chance.
