Pretrial Procedure: Would a Grand Jury Hearing Be Necessary When a Confession is on File?

Quote:

Quoting kaitco

My question involves criminal law for the state of: NY

I am looking for an answer to a hypothetical situation and I am not quite sure if this is the appropriate forum.

If someone is arrested for murder, waives their right to have an attorney present during interrogation and gives a confession to his crimes, would the DA need to convene a grand jury?

Some caveates: Would this answer change on the defendant's plea, ie: grand jury for not guilty versus no grand jury needed for not guilty?

Many thanks!

Without additional evidence to charge murder, the DA/Prosecutor is not going to commence a prosecution based on a simple confession, unless the suspect knows many details of the case that no other person would know, greatly implying guilt. People confess to crimes all of the time.

BUT, as you say, if they have already been arrested for murder, you can bet the police have some compelling evidence to make the states case.

If charged, IF the defendant pleads guilty upon arraignment by previous arrangement, maybe through a plea bargain, maybe not, and the court accepts it, then there is NO reason to bind them over to a GJ.

If the defendant admits guilt by admission but refuses to plead such in court on arraignment, then a GJ will be convened, unless possibly waived (??) if permissable under the NY rules of criminal procedure.

Then again, he may have been arrested AFTER the GJ indicted him. A GJ can indict before an arrest also.