What Is a Grand Jury?
Your Guide to Indictments in Arizona
If you've recently been indicted by a Grand Jury in Arizona, especially here in Pima County, it's normal to feel confused, anxious, and uncertain about what this means for you or your loved one. The legal system can be overwhelming, particularly when you're handed a formal charging document seemingly out of nowhere, with no opportunity to defend yourself beforehand. As a Tucson defense attorney who regularly handles felony cases, I'm here to walk you through what a Grand Jury is, how it works, and what to expect next.
This article will also address some common myths and misunderstandings, including the origin of the infamous phrase "they'd indict and why we don” and why we don’t always file challenges to Grand Jury proceedings—even when the charges seem questionable. If you're facing an indictment in Pima County or Southern Arizona, understanding this process is the first step in protecting yourself and making smart legal decisions.
What Is a Grand Jury?
A Grand Jury is a panel of citizens convened to decide whether there is probable cause to charge someone with a felony crime. Unlike a trial jury that decides guilt or innocence, a Grand Jury does not determine whether someone is guilty. Instead, they evaluate whether enough evidence exists to move the case forward into the formal prosecution phase.
In Arizona, Grand Juries are used in many felony cases, including those prosecuted in Pima County Superior Court. When the prosecution chooses to pursue charges through a Grand Jury, they present evidence behind closed doors—without the defendant or their attorney present.
The standard the Grand Jury applies is very low: probable cause. This means the evidence must merely suggest that a crime was committed and that the person in question may have committed it. It is far below the standard of "beyond a reasonable doubt" that applies in a criminal trial.
Who Participates in a Grand Jury Proceeding?
One of the most surprising facts about Grand Jury proceedings is who is not allowed in the room. The defendant, the defense attorney, and even a judge are absent from the proceedings. Here's who is typically involved:
The prosecutor, who presents evidence and instructs the Grand Jury on the applicable law.
The Grand Jurors, usually 16 people, at least 9 of whom must agree to issue an indictment (a "true bill").
A court reporter, who records the entire proceeding.
Witnesses, such as police officers, detectives, or victims, called by the prosecution.
That's it. No cross-examination. No opportunity to present counterevidence. No challenge to the narrative being told by the State.
This one-sided process raises concerns for many people, and rightly so. It's often viewed as a mere formality in the charging process—an accusation rubber stamp. That perception gave rise to a now-famous criticism.
"They’d Indict a Ham Sandwich"
The phrase "a Grand Jury would indict a ham sandwich" was coined by former New York judge Sol Wachtler in the 1980s. His point was that when prosecutors are the only ones allowed to speak, and the standard of proof is so low, almost anyone can be indicted—regardless of how weak the case might actually be.
In my experience as a criminal defense attorney in Tucson, that observation holds true. Indictments are issued in the overwhelming majority of Grand Jury proceedings. The defense doesn’t get a say. There’s no judge to push back. And often, the Grand Jury simply doesn't have the full story.
What Happens After a Grand Jury Indictment in Arizona?
Once an indictment is issued, the felony case is formally opened in Superior Court. The defendant is either taken into custody or summoned to appear for an arraignment, where the charges are officially read, and conditions of release are set. At that point, the case begins to follow the standard felony case timeline: pretrial conferences, motions, possible plea negotiations, and eventual trial if the case isn’t resolved earlier.
It’s critical to understand that the indictment is not the final word. You have rights, and you are entitled to challenge the prosecution’s case through your attorney.
Can an Indictment Be Challenged?
In Arizona, under Rule 12.9 of the Rules of Criminal Procedure, defendants have the right to challenge a Grand Jury’s finding of probable cause. But there’s a very short window to do this: 45 days from the date the indictment is filed.
These challenges—known as motions to remand or motions to dismiss for lack of probable cause—are highly technical and rarely granted. The court will not revisit the facts of the case, but it will review whether the Grand Jury proceeding met minimum legal requirements.
A challenge may be appropriate if:
The prosecutor presented legally insufficient evidence.
The Grand Jury was given incorrect or misleading legal instructions.
The prosecutor withheld key facts or exculpatory information.
Improper or prejudicial evidence was introduced.
Your attorney will carefully review the transcript of the Grand Jury proceeding to determine if any of these issues occurred. In my practice, I routinely request and review these transcripts for every indicted client to identify whether a Rule 12.9 motion might be justified.
Why Don’t We File 12.9 Motions in Every Case?
Even if a challenge is legally possible, filing it isn’t always the best move. Like most decisions in criminal defense, it's strategic.
In many cases, filing a motion to remand signals to the prosecution that the defense is gearing up for a fight. That’s not always a bad thing, but it can carry consequences—especially if a plea offer is already on the table. Some prosecutors will withdraw plea deals or stop negotiating entirely once a 12.9 motion is filed.
There's also the risk that the State could simply represent the case to a new Grand Jury with stronger witnesses or cleaner instructions. They can often fix the problem you pointed out, and come back with a tighter case or additional charges.
This doesn’t mean that we should never challenge a flawed indictment. But it does mean the cost-benefit analysis must be done carefully. I discuss this decision in detail with each client when there are potential issues in the Grand Jury proceeding. Sometimes, preserving negotiating leverage is more valuable than fighting about how the case started. Other times, exposing a fatal flaw early can lead to a better result.
What Should You Do if You've Been Indicted in Pima County?
If you’ve received notice of an indictment in Pima County, time is of the essence. Here’s what you should do immediately:
Don’t panic. An indictment is serious, but it is not the same as a conviction.
Call your lawyer or retain one immediately. You only have 45 days to challenge the Grand Jury findings.
Do not talk to anyone about your case other than your attorney. That includes friends, family, or especially law enforcement.
Review the Grand Jury transcript with your attorney. If anything in the transcript seems misleading, exaggerated, or factually wrong, your perspective could be critical.
The Role of a Criminal Defense Attorney After Indictment
As a criminal defense attorney in Tucson, my job after an indictment is to evaluate the strength of the State’s evidence, identify any flaws in how the charges were brought, and develop a defense strategy tailored to your goals. That strategy may include filing a Rule 12.9 motion, engaging in early plea negotiations, conducting our own investigation, filing evidentiary motions, or preparing for trial.
The approach I take depends on your specific facts, your priorities, and the leverage we have—or can create. I work with clients to make these decisions together. You’re not just a passenger in this process—you’re the most important part of the defense team.
Final Thoughts
Arizona’s Grand Jury system leaves a lot to be desired. It’s secretive, one-sided, and favors the prosecution at nearly every step. But an indictment doesn’t mean you’re out of options. In fact, it’s often just the beginning of the defense process.
If you or a loved one has been indicted in Tucson or anywhere in Pima County, you need a defense attorney who understands the Grand Jury process and can help you make smart, strategic decisions from the very start. I’ve represented hundreds of clients through felony cases, including many who were initially indicted and later saw their cases reduced, dismissed, or resolved favorably.
Let’s talk. Schedule a consultation and find out how we can fight back—starting today.
Amanda Bynum
Tucson Criminal Defense Attorney
AJB Law Firm, LLC
Serving Tucson, Pima County, and Southern Arizona
