Arizona Grand Jury Instruction

State:
Multi-State
Control #:
US-00883
Format:
Word; 
Rich Text
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Description

This form is a sample jury instruction wherein the court instructs the jury that the Grand Jury's indictment is not evidence of guilt but merely an accusation, and that defendant is presumed innocent. You must ascertain whether this sample instruction complies with the law in your jurisdiction.

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FAQ

Rule 8 of the Arizona Rules of Criminal Procedure governs the maximum time limit when a trial must begin after charges have been filed. This is often called the ?Speedy Trial Right?.

A defendant may challenge a grand jury proceeding only by filing a motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right or that an insufficient number of qualified grand jurors concurred in the indictment.

If the Grand Jury delivers an indictment, a judge may issue either a summons ordering the defendant to appear in court or an arrest warrant authorizing law enforcement agencies to arrest the defendant.

A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office.

In Arizona, a grand jury shall consist of at least twelve, but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it (A.R.S. § 21-404). The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens.

Rule 9.1 - The Defendants Waiver of the Right to be Present. Except for sentencing or as these rules otherwise provide, a defendant's voluntary absence waives the right to be present at any proceeding.

?Dismissed to the Grand Jury,? for example, doesn't mean your case is dropped and you can go on your merry way. The phrase means the prosecution is presenting its case in secret to a grand jury, which will decide if enough evidence exists to charge you with a crime, instead of using the preliminary hearing procedure.

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Arizona Grand Jury Instruction