A grand jury functions much like a judge in deciding whether there is sufficient evidence to bind over a defendant charged with a felony or gross misdemeanor for trial in district court. However, in a grand jury proceeding, the defendant or his attorney may, but is not required, to present evidence tending to explain away the criminal allegations, but is not allowed to ask questions or cross-examine witnesses. Because grand jury proceedings are inquisitorial and therefore "one-sided," the prosecutor is ethically obliged to present any evidence that tends to show the defendant did not commit the crime(s) alleged. More information can be found at
ngskmc-eis.net/DA.
