<P> The grand jury right may be waived, including by plea agreement . A valid waiver must be made in open court and after the defendant has been advised of the nature of the charge and of the defendant's rights . </P> <P> Rule 6 of the Federal Rules of Criminal Procedure governs grand juries . It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment . A grand jury is instructed to return an indictment if the probable cause standard has been met . The grand jury's decision is either a "true bill" (formerly billa vera, resulting in an "indictment"), or "no true bill". </P> <P> Grand jury proceedings are secret . No judge is present; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all . While court reporters usually transcribe the proceedings, the records are sealed . The case for such secrecy was unanimously upheld by the Burger Court in Douglas Oil Co. of Cal . v. Petrol Stops Northwest, 441 US 211 (1979). The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court's opinion as to the importance and rationale of grand jury secrecy . Writing for the Court, Justice Powell found that "if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily"; "witnesses who appeared before the grand jury would be less likely to testify fully and frankly"; and "there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors". Further, "persons who are accused but exonerated by the grand jury (should) not be held up to public ridicule". </P> <P> United States v. Procter & Gamble Co., 356 US 677 (1958), permitted the disclosure of grand jury transcripts under certain restrictions: "a private party seeking to obtain grand jury transcripts must demonstrate that' without the transcript a defense would be greatly prejudiced or that without reference to it an injustice would be done"' and must make its requests "with particularity". Further, First Amendment protections generally permit the witnesses summoned by a grand jury to discuss their testimony, although Dennis v. United States, 384 US 855 (1966), found that such public discussion permits release of the transcripts of their actual testimony . </P>

Who decides if a case goes to grand jury