What to Expect at a Long Island Grand Jury Hearing and How to Prepare

What to Expect at a Long Island Grand Jury Hearing and How to Prepare

So you’ve been called to appear before a Long Island grand jury. Don’t panic! Appearing before a grand jury can sound intimidating, but with some preparation, you’ll get through it just fine. This article will walk you through what to expect at a grand jury hearing on Long Island, and give you some tips on how best to prepare.

What is a Grand Jury?

First things first – what exactly is a grand jury? A grand jury is a group of citizens tasked with deciding whether there is enough evidence for someone to be formally charged (“indicted”) with a crime.

Grand juries in New York typically have 23 members, and 16 members need to vote in favor of an indictment for charges to move forward. The grand jury does not determine guilt or innocence – that would happen later at an actual criminal trial. Rather, the grand jury simply evaluates whether there is probable cause to believe a crime may have occurred.

Grand jury proceedings are secret – the only people allowed to be present are the prosecutor, the grand jurors themselves, a stenographer transcribing everything said, and the witness who is testifying at that moment. Even the accused person (the “target” or “subject” of the grand jury investigation) is not allowed to be present or have an attorney present on their behalf.

Why Might I Be Called to Testify?

There’s a few reasons why you might receive a subpoena to go testify in front of a Long Island grand jury:

• You witnessed something related to the alleged crime – Perhaps you saw an assault take place, noticed some suspicious financial activity, or have information about a theft. Prosecutors may want you to share details on what you saw.
• You’re an expert witness – If the alleged crime relates to arson, financial fraud, medical malpractice, etc., you may be called upon as an expert in that field to help the grand jurors understand technical evidence.
• You’re a records custodian – If prosecutors need bank records, phone records, medical files or other documents to help prove their case, you may be subpoenaed to bring official copies of those records to the grand jury.
• You’re a target or subject of the investigation – Sometimes prosecutors call in the person they are investigating to testify in front of the grand jury. This can be a risky move that requires thorough preparation with a criminal defense attorney beforehand.

No matter why you’ve been called to testify, avoiding that subpoena is not an option. Ignoring it can lead to you being arrested and brought before the grand jury in handcuffs!

What Should I Expect When I Arrive to Testify?

Okay, so you’ve been subpoenaed and now you have to show up at the designated date, time and location listed on the subpoena. What happens next?

When you arrive, you’ll check in with court officers and likely have to turn over any bags, coats or phones before entering the proceedings. You’ll then be escorted into the grand jury room.

The setup is pretty simple – the 23 grand jurors will be sitting in the jury box, the prosecutor will be at their table, and a stenographer will be present to transcribe the proceedings. You’ll take an oath to tell the truth, and then the questioning will begin!

The prosecutor will lead the questioning. Grand jurors may interject to ask you follow up questions as well. The types of questions really depend on why you’ve been called to testify.

If you’re an eyewitness, they’ll ask you to describe step-by-step what you saw. If you’re an expert, they may ask you to interpret evidence and records. If you’re the target, they may confront you with evidence and ask for your side of the story.

When the questioning finishes, you’ll be escorted out while the grand jurors discuss your testimony and debate whether it supports an indictment. The whole testimony usually lasts anywhere from 15 minutes to a few hours.

How Should I Prepare to Testify?

Preparing properly can help ease nerves and allow your testimony to come across clearly and credibly. Here are some tips:

• Be truthful – It should go without saying, but perjury charges are no joke. Answer all questions completely and honestly to avoid getting in more legal hot water.
• Refresh your memory – If it’s been awhile since the events you’re testifying about, review any documents, notes, photos or videos you have to refresh your recollection. You want to have as many precise details as possible handy when you testify.
• Practice answering questions – Have a friend, family member or attorney cross-examine you with sample questions to get comfortable responding on the fly without time to prepare perfect answers. Hearing the questions out loud rather than just in your head makes a big difference.
• Review the records (if applicable) – If you’re an expert witness or records custodian, closely review the files before testifying so you can speak to them in detail. Make sure you understand any complex technical terms that may come up as well.
• Ask about legal implications (if you’re the target) – If you’ve been called to testify about your own alleged criminal conduct, it’s absolutely vital that you meet with a criminal defense attorney to understand the legal implications before stepping foot into the grand jury room. They can advise if invoking your Fifth Amendment right against self-incrimination is wise.

I know the idea of testifying can induce anxiety, but just remember – the grand jurors are ordinary citizens like you. They just want to hear you share information clearly and directly so they can make a well-informed decision. Preparing methodically and working with an attorney if necessary will set you up to do just that.

You’ve got this! With the right prep work, you’ll get through your grand jury testimony without issue and can put the stress of it behind you. Let me know if you have any other questions!