Understanding Grand Jury Indictments: When to Hire a Criminal Defense Lawyer

Prior to 2025, the saying was that federal prosecutors could convince a grand jury to indict a ham sandwich. In August 2025, though, federal prosecutors failed to convince a grand jury to indict a protester with felony assault for throwing a salami sub sandwich at a Border Patrol officer.

Sean Dunn was recorded on video throwing a sandwich at the body of a Border Patrol officer at the corner of 14th and U Streets in Washington, DC. Dunn was inches away from the officer and was calling him and the others “fascists” and shouting, “I don’t want you in my city!” The officer was wearing full body armor and was on the street with several other officers.

The video went viral online. Senior officials of the Department of Justice talked about the case and posted a video of a large group of heavily armed and armored law enforcement raiding Mr. Dunn’s apartment.

Federal prosecutor’s failure to secure an indictment against Dunn isn’t the first time that a prosecution has fallen apart. Sidney Lori Reid allegedly struggled and fought with an immigration officer, “flailing her arms and kicking and had to be pinned against a cement wall.” During the struggle, an FBI agent scratched a cement wall.

Federal prosecutors attempted to charge Reid with felony assault on the FBI agent, but three different grand jurors declined to do so. Instead, prosecutors will charge Reid with a misdemeanor. Dunn will likely be charged with a misdemeanor as well, assuming that prosecutors don’t attempt to charge Dunn with felony assault again.

What Is a Grand Jury?

Like a jury sitting for a trial, grand jurors are citizens randomly selected to serve on the grand jury. For federal courts, grand juries range from 16 to 23 people. The purpose of a grand jury is to determine if there is probable cause to indict a criminal defendant. An indictment is a formal accusation by the state that a person has committed a crime. In contrast, a trial jury determines if the criminal defendant is guilty or not guilty of the charges brought by the indictment approved by a grand jury. The standard for a trial jury is beyond a reasonable doubt while an indictment only requires probable cause.

Grand juries meet in confidential meetings with the prosecutors. The prosecutor presents the known evidence against the named defendants to the grand jury. No judges or defense attorneys are permitted. At the end of the meetings, the grand jury votes on what charges, if any, to indict a criminal defendant with. For federal courts, 12 jurors are required for an indictment.

Grand juries are confidential to protect a potential defendant’s reputation if a jury does not indict and to allow witnesses to speak without fear of retaliation. A grand jury can issue subpoenas to view potential evidence.

If a grand jury does not indict, a prosecutor may still bring the defendant to trial. However, if a grand jury does not indict, it is less likely that a trial jury would find the defendant guilty. Unlike a grand jury proceeding, a criminal defense attorney during a jury trial would be able to make counter-arguments and present contrary evidence. 

Proportionality in Law Enforcement

The Eighth Amendment of the Constitution forbids cruel and unusual punishment. The Supreme Court has previously interpreted this clause to mean that the punishment should be proportional to the crime committed. In other words, the punishment should fit the crime.

Although a grand jury doesn’t determine guilt, it does determine what the exact charges are. Proportionality should apply not only to the punishment, but also to the actual crimes themselves. Misdemeanors are meant for minor offenses, while felonies are reserved for crimes that are serious, such as but not limited to violence, theft of a certain value amount, and the use of children for sexual purposes.

Federal prosecutors overcharging people undermines this principle of proportionality. Charging people with felonies means they may spend more time in jail prior to trial and potentially be subject to higher bail. If defendants are actually innocent until proven guilty, the burden on defendants should be lessened where possible.

Moreover, proportionality keeps the government honest and transparent. If prosecutors want to charge someone with a felony, they should have sufficient evidence to charge someone with a felony rather than subject the defendant to a prolonged case with multiple charges or excess charges that the prosecution doesn’t actually have.  

Should I Hire a Criminal Defense Lawyer?

If you have been charged with committing a crime, it is in your best interests to consult with a skilled criminal defense attorney. Your attorney can assist you with asserting a defense that is available in your case and can represent you in court.