Consult a Criminal Lawyer – Attorney Advice for Grand Jury Testimony
The Grand Jury system operates differently from a petit jury trial, with different rules and rights for the individuals testifying. The special laws governing grand jury proceedings limit the ability of a criminal lawyer to act on behalf of his or her client; however, consulting an experienced criminal attorney during the pre-indictment stages can greatly benefit the defendant's cause and sometimes help to reach a resolution before Grand Jury proceedings. If you have been called as a witness or if you are under investigation by a grand jury, America's Criminal Defense Group can help you prepare to testify and protect your rights.
What Is a Grand Jury?
A Grand Jury is a group of usually 23 jurors selected by the county or federal court district that hears evidence of criminal accusations for serious crimes (felonies) to decide if there is probable cause to send the case to a later trial. Evidence is presented by the District Attorney (D.A.) or prosecutor in order to bring an indictment against the accused so as to proceed with normal prosecution and a jury trial. The role of the criminal defense attorney is different in a Grand Jury hearing, as the criminal lawyer does not have the opportunity to present counter evidence, advise his or her client in the Grand Jury room, or call witnesses to challenge the D.A.'s case. In federal cases, however, criminal attorneys have a greater opportunity to reach a pre-indictment resolution before a Grand Jury indictment is held. If a resolution is reached before a Grand Jury indictment, the criminal lawyer has the opportunity to win a more favorable outcome for his or her client.
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Grand Jury Proceedings
Many states no longer have a Grand Jury, and oftentimes Grand Jury proceedings are reserved for serious federal, white collar, or organized crimes. At a Grand Jury hearing, the D.A. or prosecutor will present evidence to convince the jurors that the accused probably committed a crime and that he or she should be tried to determine innocence or guilt. The Grand Jury does not issue a guilty or not guilty verdict; it only returns an indictment. Some other basic differences between Grand Jury proceedings and a petit jury trial include:
- The rules of evidence do not apply to Grand Jury hearings, so the prosecutor can introduce hearsay as evidence and call witnesses without showing that a person might have relevant information.
- In federal cases, the criminal defense attorney is not allowed to be in the courtroom during the client's testimony, even if the client was called as a witness. Most states limit the role of the criminal lawyer during Grand Jury proceedings.
- The laws protecting witnesses from self-incrimination are different in Grand Jury hearings, so statements made in court can be used to charge a witness with a crime.
- The Grand Jury itself is allowed to request evidence.
- There is normally no need for a judge to oversee the proceedings in a Grand Jury hearing.
Grand Jury cases are all very specific to the particular situation, and only an experienced criminal lawyer can provide accurate advice for your particular circumstance.
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Contact Our Criminal Defense Law Firm Today
Whether you are under investigation or have been called as a Grand Jury witness, an experienced criminal attorney can advise you about which questions to answer and which questions may incriminate you. Contact America's Criminal Defense Group today to schedule a consultation. We will defend your rights and help you maintain your freedom during this confusing time.
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