--- description: Here are possible legal scenarios that could unfold depending on whether the St. Louis County grand jury indicts Darren Wilson. title: Here's What Could Happen After the Ferguson Grand Jury Decision image: https://static.time.com/v3/assets/bltea6093859af6183b/bltde093bcdab65f2d0/6988d9b9bc6cfc69913e2a3c/time-logo.jpg?branch=production --- * [U.S.](/section/us/) ## U.S. Update your preferences in [Account Settings](/account/preferences/) Close # Here's What Could Happen After the Ferguson Grand Jury Decision  by [Tessa Berenson](/author/tessa-berenson/)  ## Tessa Berenson Update your preferences in [Account Settings](/account/preferences/) Close Nov 24, 2014 9:13 PM CUT  by [Tessa Berenson](/author/tessa-berenson/)  ## Tessa Berenson Update your preferences in [Account Settings](/account/preferences/) Close Nov 24, 2014 9:13 PM CUT A St. Louis County grand jury [reached a decision this afternoon](http://time.com/3603342/ferguson-michael-brown-darren-wilson-grand-jury-decision/ "undefined") on whether or not to indict Darren Wilson, the white police officer who shot and killed Michael Brown, an unarmed black teenager, in Ferguson, Mo. this summer. Here are some possible legal scenarios that could unfold depending on the decision, which is expected to be released tonight. **Scenario 1: Wilson is indicted** The grand jury was tasked with deciding whether Wilson should be charged with a crime, including first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter. If the jury issues an indictment on any of those four charges, Wilson will be arrested and his case will proceed. While charges of murder are unlikely, an indictment on any of these four possible charges could result in a similar trial. “It’s all going to turn on, was the officer in fear for his life such that this use of deadly force was justified,” says Michael Kirkpatrick, visiting professor of law at Georgetown Law School. “No matter what the charge is, that’s really what’s going to be the focus of the trial.” If the grand jury hands down an indictment, a trial would be set and the prosecution would be required to turn over to the defense any exculpatory evidence they found during the grand jury investigation. During this “discovery period” of the case there could also be plea negotiations, where Wilson’s defense would need to decide whether to go to trial or try to plead to a lesser charge. The process could get drawn out. “A citizen has a right to a speedy trial, but sometimes in these really high profile cases the defense might want to slow it down \[to try\] to put more distance between the incident and when it actually goes to trial,” Kirkpatrick says. **Scenario 2: Wilson is not indicted** If the jury decides not to indict Wilson, that doesn’t necessarily mean he’s off scot-free. While he wouldn’t go to criminal court for Brown’s death, he could still face civil rights charges by the Justice Department or a civil wrongful death lawsuit filed by Brown’s family. If the federal government decides to bring a federal indictment against Wilson, he would be brought to court in the federal system rather than at the state level, as would happen if the St. Louis County grand jury indicts him. But in the event that the state doesn’t indict Wilson, regardless of whether the federal government decides to pursue the case, it’s highly likely that Brown’s family will bring a civil suit against Wilson. In a civil case for wrongful death, the burden of proof is a preponderance of evidence, rather than the threshold of “beyond a reasonable doubt” in criminal cases. Wilson wouldn’t face any criminal punishment like jail time, but the family could be entitled to monetary compensation depending on how the jury assesses the damages. Kirkpatrick says most civil cases settle. But in a civil trial, it could be a long time before the Brown family sees any payment for the death of their son. “That could easily drag on for 18 months to two years before they got to a civil trial,” according to Kirkpatrick. ### See Tension Mount in Ferguson as Protests Begin Anew  Dasha Jones, 19, is arrested for unlawful assembly during a protest ahead of the grand jury decision in the case against Darren Wilson, who shot unarmed black teenager Michael Brown, outside the Ferguson Police Department in Ferguson, Mo. on the evening of Nov. 20, 2014. Barrett Emke  Police detain a demonstrator after he and others blocked a street near a police station in Ferguson, Mo. on Nov. 23, 2014 Jewel Samad—AFP/Getty Images  A member of the National Guard stands along a parked military vehicle in the back of a shopping center in Ferguson, Mo. on Nov. 24, 2014. Adrees Latif—Reuters  Gina Gowdy, of Ferguson, Mo., shouts while marching with protestors along a stretch of road where violent protests occurred following the August shooting of unarmed black teenager by a white police officer, Saturday, Nov. 22, 2014, in Ferguson, Mo. David Goldman—AP  Police watch as a protester with an upside-down American flag marches along West Florissant Avenue in Ferguson, Mo., Nov. 22, 2014 Whitney Curtis—The New York Times/Redux  Police in riot gear observe protesters on the street near the Ferguson Police Station in Ferguson, Mo. on Nov. 23, 2014 Shen Ting—Xinhua Press/Corbis  Demonstrators block a busy intersection while marching through the streets to protest the shooting of Michael Brown, in St. Louis on Nov. 23, 2014 David Goldman—AP  A protester, demanding the criminal indictment of Darren Wilson, shouts slogans while stopping traffic in St. Louis, on Nov. 23, 2014 Adrees Latif—Reuters  Demonstrators shout slogans during a march in St. Louis, on Nov. 23, 2014 Jewel Samad—AFP/Getty Images  A man wearing a mask joins others around a makeshift memorial where 18-year-old Michael Brown who was shot dead by a police officer, in Ferguson, Mo., Nov. 22, 2014 Jewel Samad—AFP/Getty Images  Matt Pearce, a reporter with the Los Angeles Times, holds his head after getting clocked with a rock thrown into the crowd during a protest in the streets in St. Louis on Nov. 23, 2014. David Goldman—AP  Protesters march through neighborhoods in St. Louis on Nov. 23, 2014 Alexey Furman—Demotix/Corbis  Demonstrators pray around a memorial at the spot where Michael Brown was shot to death on in Ferguson, Mo. on Nov. 22, 2014 Scott Olson—Getty Images  Police guard the Ferguson police station as demonstrators protest the shooting death of Michael Brown in Ferguson, Mo. on Nov. 20, 2014 Scott Olson—Getty Images  A demonstrator protesting the shooting death of Michael Brown blows cigar smoke in Ferguson, Mo. on Nov. 22, 2014 Justin Sullivan—Getty Images **_Should Ferguson Protestors be Person of the Year? 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