Also known as: no true bills · no bill
Written by attorneys · grounded in primary & secondary sources — see below
A grand jury's formal refusal to issue an indictment after determining that the evidence fails to establish probable cause for the charged offense. The decision leaves the prosecutor free to present the matter to a different grand jury. Double jeopardy protections do not attach because no trial has begun.
Nikhil Narayan faces a federal fraud investigation after allegations of misusing escrow funds. The grand jury reviews the evidence but finds insufficient probable cause. It returns a no true bill, preventing the case from proceeding to trial on that indictment.
Nyah Ndlovu, a government contractor, is investigated for disclosing classified documents. The grand jury hears testimony from multiple witnesses yet concludes the evidence does not support probable cause. It returns a no true bill, so no indictment issues and the matter ends without trial.
Nadia Novak is accused of a serious state felony. The grand jury examines the prosecutor's evidence and determines probable cause is lacking. It returns a no true bill, leaving the prosecutor unable to proceed on an indictment in that jurisdiction.
Select any source to read its text and confirm it supports the definition.
The grand jury determines that the evidence does not establish probable cause, so no indictment issues. The prosecutor may present the same evidence to another grand jury. Double jeopardy does not bar further proceedings because trial has not begun.
The Fifth Amendment requires a grand jury indictment for federal felony prosecutions. The Supreme Court has held that this requirement does not bind the states. States may therefore prosecute felonies without a grand jury indictment.
Yes. The grand jury's refusal to return a true bill does not prevent the prosecutor from presenting the evidence to a different grand jury. Double jeopardy protections do not apply until the trial stage begins.
…use language applicable only to congress: others are expressed in general terms. The third clause, for example, declares that “no bill of attainder or ex post facto law shall be passed.” No language can be more general; yet the demonstration is complete that it applies solely to the government of the United States. In…