Evidence presented to the grand jury

Evidence presented to the grand jury

Any grand jury indictment, in order to be sufficient, must present evidence to establish a reasonable likelihood that the crime charged has been committed.FN97 The evidence must connect the defendant to the computer crime or the indictment is void. The evidence presented to the grand jury must be evidence, which is admissible at trial.FN98 Therefore, subsequent to the grand jury indictment, counsel will want to analyze all of the testimony that was presented and see if any of it is objectionable on grounds of hearsay, inadequate foundation, or other such objections. Most jurisdictions allow for motions to challenge those parts of the grand jury testimony that are inadmissible.FN99 Be warned, however, that one jurisdiction has held the exclusionary rule inapplicable in grand jury proceedings.FN1 As a general rule, however, such a challenge cannot be brought if the defendant requests a preliminary hearing.