Kentucky Grand Jury Process — KRS 29A

The Kentucky Grand Jury Process — KRS 29A

If you are under investigation or have been told that your case is going before a grand jury in Kentucky, understanding the grand jury process is critical. A grand jury indictment is the first step toward formal felony charges, and the decisions made at this stage can shape the entire course of your case. Clark + Harris provides experienced representation for clients facing grand jury proceedings throughout Kentucky.

What Is a Grand Jury in Kentucky?

Under KRS Chapter 29A, a grand jury is a body of twelve citizens who are impaneled to investigate criminal matters and determine whether there is probable cause to charge a person with a felony. Grand juries in Kentucky meet regularly in each county and are empowered to hear evidence, subpoena witnesses, and issue indictments.

The grand jury process in Kentucky is governed by KRS 29A.010 through KRS 29A.120. Grand jury proceedings are secret — the public, the media, and even the defense attorney are not permitted in the grand jury room. Only the prosecutor, the witnesses, and the grand jurors are present during testimony.

How the Grand Jury Process Works

The Commonwealth’s Attorney presents evidence to the grand jury, typically through the testimony of law enforcement officers and other witnesses. The prosecutor guides the proceeding, presenting the evidence and explaining the applicable law. The grand jury then deliberates and votes on whether to return an indictment (a “true bill”) or decline to indict (a “no true bill”). Nine of the twelve grand jurors must vote in favor to return an indictment.

It is important to understand that the grand jury only determines probable cause — a much lower standard than the “beyond a reasonable doubt” standard required at trial. Because of this low threshold and the one-sided nature of the proceeding, grand juries return indictments in the vast majority of cases.

Your Rights During a Grand Jury Investigation

If you are the target of a grand jury investigation in Kentucky, you have important rights. You have the right to refuse to testify before the grand jury under the Fifth Amendment. If you are called as a witness, you have the right to consult with your attorney outside the grand jury room. You have the right to invoke your privilege against self-incrimination. However, you do not have the right to be present in the grand jury room, to cross-examine witnesses, or to present evidence.

Clark + Harris advises clients during grand jury investigations to protect their constitutional rights. We counsel witnesses on their rights before they testify and help targets of investigations understand the process and prepare for the possibility of indictment.

Challenging a Grand Jury Indictment

While grand jury indictments are difficult to challenge, Clark + Harris examines every indictment for potential defects. Grounds for challenging an indictment include irregularities in the selection or composition of the grand jury, prosecutorial misconduct during grand jury proceedings, presentation of insufficient evidence to establish probable cause, and failure to follow proper procedural requirements under KRS 29A.

What Happens After a Grand Jury Indictment

After a grand jury returns an indictment, the case moves to Circuit Court for arraignment, pretrial proceedings, and ultimately trial. Clark + Harris represents clients at every stage of the process — from pre-indictment investigation through trial and appeal.

Contact Clark + Harris About Grand Jury Matters

If you are the target of a grand jury investigation or have been indicted by a grand jury in Kentucky, contact Clark + Harris immediately. Early legal representation is critical in grand jury matters.

Call Clark + Harris today at 859-474-0001 for a confidential consultation. We represent clients facing grand jury proceedings and indictments throughout Kentucky.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Kentucky Grand Jury Process — KRS 29A | Clark + Harris