Questions to Ask Your NYC Criminal Attorney About Grand Juries

Questions to Ask Your NYC Criminal Attorney About Grand Juries

So you’ve been accused of a crime in New York City and your case is going to a grand jury. That means prosecutors want to indict you so they can take your case to trial. It’s a scary situation to be in, for sure. As your potential criminal defense attorney, I’m here to help you understand what’s happening and fight for your rights. Let’s start with the basics: what is a grand jury?

Why Do Prosecutors Use Grand Juries?

Some cases go straight to trial without a grand jury. But prosecutors often use grand juries for felonies or complicated investigations. It lets them lock in witness testimony early and get an indictment before arresting you. For them, it’s a powerful tool.

What Can My Lawyer Do During Grand Jury Proceedings?

I know this process can feel one-sided. As your lawyer, here are some ways I can protect your rights:

• Submit evidence and witnesses that help your case
• Send letters to the prosecutor arguing weaknesses in their case
• Request that grand jurors hear instructions on the law
• Ask the prosecutor to present exculpatory evidence
• Move to dismiss the case if the evidence is insufficient

I’ll leverage every option to make sure your side of the story is heard. My goal is preventing an indictment so your case doesn’t go to trial.

What Happens if I’m Indicted?

If the grand jury votes to indict you, that means you’ll be formally charged with a crime. Then we move to pretrial hearings and eventually trial. My job doesn’t end with an indictment – I’ll keep fighting to get charges reduced or dismissed.

If you do end up at trial, remember that the grand jury standard is much lower than at trial. Prosecutors only had to show probable cause you committed a crime, not proof beyond a reasonable doubt. So even if you’re indicted, we still have strong defenses for trial.

Can Grand Jury Records Be Unsealed?

Grand jury proceedings are secret under New York law. But in some cases, we may be able to petition the court to unseal records. If we could get transcripts of witness testimony, for example, it could reveal weaknesses in the prosecutor’s case. I’ll explore every possibility.

Could the Grand Jury Hearing Be Delayed?

Yes, we can request the court pause grand jury proceedings. If the prosecutor hasn’t shared enough evidence or we need more time to submit exculpatory evidence, I’ll argue to delay the hearing. My goal is buying time to strengthen your defense.

Can I Testify Before the Grand Jury?

You have the right to testify if you want, but it’s generally not recommended. The prosecutor can use anything you say against you later. I’ll advise if testifying could help or hurt your case. Many factors come into play.

Should I Testify at Grand Jury If I’m Innocent?

I know you want to stand up and declare your innocence. But testifying is risky and could backfire. Prosecutors are very persuasive and could trip you up. If we go to trial, we’ll present your defense with stronger evidence like witnesses and documents. The grand jury stage just isn’t the best place to make your case. Trust me, I’ll fight for you.

What If I Can’t Remember What Happened?

If your memory is hazy about the incident, testifying under oath could be dangerous. Prosecutors can accuse you of lying. We don’t want to give them ammunition. I advise clients with memory gaps not to testify. Let’s build your defense another way.

Can a Grand Jury Indictment Be Overturned?

Yes, a judge can dismiss an indictment in certain cases:

• Prosecutorial misconduct (like hiding evidence)
• Insufficient evidence
• Improperly obtained evidence
• Violation of your Constitutional rights

If we uncover any of these issues, I’ll file a motion to dismiss the indictment. Our odds are decent if the prosecutor cut corners.

What If the Grand Jury Doesn’t Indict Me?

If the grand jury votes not to indict you, congratulations – your case is dismissed! The prosecutor can technically present the case again with more evidence, but it’s rare. You should be in the clear. What a relief, right?

Takeaways

I know grand jury proceedings seem scary and one-sided. But working together, we can get through this. I’ll fight to prevent an indictment, and if you are indicted, keep battling to get charges dropped. My defense strategy involves:

• Submitting evidence and witnesses to help your case
• Persuading prosecutors to present exculpatory evidence
• Seeking dismissal for insufficient evidence
• Requesting delays to strengthen your defense
• Filing motions to dismiss improper indictments

With preparation and perseverance, we can beat this. I believe in you. Now let’s get to work!