What Is The Difference Between a Grand Jury and a Jury Trial?

Grand Jury vs. Jury Trial in Massachusetts and New Hampshire

Navigating the complexities of the criminal justice system in Massachusetts and New Hampshire requires a clear understanding of how grand juries and trial juries operate. Though both involve groups of citizens making key decisions in criminal cases, they serve very different purposes and occur at different stages of the legal process.

A grand jury is typically convened in felony cases to determine whether there is probable cause to believe a crime was committed and that a particular individual is responsible. This process takes place before formal charges are filed. Grand jury proceedings are not open to the public, and the defense generally does not participate. The prosecutor presents evidence and witnesses, and if the grand jury finds sufficient evidence, it issues an indictment, authorizing the case to move forward.

• In Massachusetts, grand juries are used primarily for felony-level offenses and operate under the supervision of the Superior Court.
• In New Hampshire, prosecutors may also seek an indictment through a grand jury for serious crimes, though some cases may begin with a probable cause hearing in district court instead.

A trial jury, also known as a petit jury, comes into play after charges have been filed. The trial jury listens to the evidence presented by both the prosecution and the defense, assesses witness credibility, and ultimately decides whether the defendant is guilty or not guilty. Unlike a grand jury, the trial jury’s role is to determine the outcome of the case based on the standard of proof beyond a reasonable doubt.

At The Law Office of Nicholas P. Frye, our experienced attorneys are dedicated to guiding clients through every stage of the process—from grand jury proceedings to trial—ensuring they understand their rights and the critical distinctions between these two essential components of the justice system.