Criminal Defense Lawyers

What Is a Grand Jury and What Is Its Role in New York?

What Is a Grand Jury and What Is Its Role in New York?

If you’ve received a grand jury subpoena or are involved in a grand jury investigation in New York, you’re likely feeling anxious and uncertain about what to expect. At Spodek Law Group, we understand how intimidating the grand jury process can be. Our experienced federal defense attorneys are here to guide you through every step and protect your rights.Let’s break down what exactly a grand jury is and how it functions in New York’s criminal justice system:

What is a Grand Jury?

A grand jury is a group of citizens who are empowered to conduct legal proceedings and investigate potential criminal conduct. In New York, grand juries typically consist of 23 members who are randomly selected to serve.Unlike a trial jury that determines guilt or innocence, a grand jury’s role is to decide whether there is enough evidence for a criminal case to go to trial. They hear evidence presented by prosecutors and determine if there is “probable cause” to believe a crime has been committed.Some key things to know about grand juries in New York:

• Grand jury proceedings are secret – only the grand jurors, prosecutors, witnesses, and court personnel are allowed to be present
• Grand jury sessions are typically held in a courthouse, but are closed to the public
• Grand jurors serve for extended periods, often several months
• Grand juries hear evidence on multiple cases during their term of service
• Witnesses can be subpoenaed to testify before a grand jury
• The accused does not have a right to be present or represented by an attorney during grand jury proceedings

The Role and Powers of a Grand Jury in New York

Grand juries in New York serve several important functions in the criminal justice process:

1. Determining Probable Cause

The primary role of a grand jury is to determine if there is sufficient evidence to bring criminal charges against a suspect. After hearing testimony and reviewing evidence presented by prosecutors, the grand jury votes on whether to issue an indictment.An indictment requires a majority vote (at least 12 out of 23 grand jurors). If an indictment is issued, it means the case can proceed to trial. Without an indictment, felony charges cannot move forward.

2. Investigative Powers

Grand juries have broad investigative powers, including the ability to:

• Subpoena witnesses to testify
• Subpoena documents and physical evidence
• Grant immunity to witnesses in exchange for testimony
• Conduct independent investigations

This allows grand juries to thoroughly probe potential criminal activity and gather evidence that may not be accessible through other means.

3. Protecting Citizens’ Rights

Grand juries serve as a check on the power of prosecutors and the government. By requiring prosecutors to present evidence to an impartial group of citizens before bringing serious criminal charges, grand juries help protect against unfounded prosecutions.

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2024-03-18

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2024-03-15

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2024-03-15

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4. Maintaining Secrecy

The secret nature of grand jury proceedings serves several purposes:

• Protects the reputation of those under investigation if no charges are brought
• Prevents suspects from interfering with the investigation or fleeing
• Encourages witnesses to testify freely without fear of retaliation

5. Issuing Reports

In some cases, grand juries in New York can issue reports on matters of public concern, even if no criminal charges result. This allows them to shed light on issues like government corruption or organized crime.

The Grand Jury Process in New York

Here’s an overview of how the grand jury process typically unfolds in New York:

1. Grand jury selection: 23 citizens are randomly chosen to serve on the grand jury
2. Prosecutor presents case: The district attorney or assistant DA presents evidence and witnesses to the grand jury
3. Witness testimony: Subpoenaed witnesses testify under oath before the grand jury
4. Deliberation: Grand jurors discuss the evidence in secret
5. Vote: Grand jury votes on whether there is enough evidence to indict
6. Indictment issued: If a majority votes yes, an indictment is issued and the case proceeds to trial
7. No bill: If the grand jury finds insufficient evidence, they can issue a “no bill” and decline to indict

It’s important to note that grand jury proceedings are very different from trials. There is no judge present, rules of evidence are more relaxed, and the accused has no right to present a defense or cross-examine witnesses.

Your Rights in a Grand Jury Investigation

If you’ve been subpoenaed to testify before a grand jury in New York, you have certain rights:

• Right to counsel: While your attorney cannot be present during testimony, you have the right to consult with them outside the grand jury room
• Fifth Amendment right: You can refuse to answer questions that may incriminate you
• Immunity: Prosecutors may offer immunity in exchange for your testimony

However, grand jury investigations are complex, and the stakes are high. That’s why it’s crucial to have an experienced federal defense attorney guiding you through the process.

How Spodek Law Group Can Help

At Spodek Law Group, we have extensive experience representing clients in grand jury investigations across New York. Our skilled attorneys can:

• Advise you on how to respond to a grand jury subpoena
• Prepare you for grand jury testimony
• Negotiate with prosecutors on your behalf
• Protect your constitutional rights throughout the process
• Develop strategies to avoid indictment when possible

We understand how stressful and overwhelming a grand jury investigation can be. Our compassionate team will stand by your side every step of the way, fighting tirelessly to protect your rights and achieve the best possible outcome.Don’t face a grand jury investigation alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation with our experienced federal defense attorneys.

Frequently Asked Questions About Grand Juries in New York

Here are answers to some common questions we receive about grand juries:Q: Do I need a lawyer if I’m subpoenaed to testify before a grand jury?A: While not required, it’s highly advisable to consult with an experienced attorney before testifying. We can help prepare you and protect your rights.Q: Can I tell others about my grand jury testimony?A: No, grand jury proceedings are secret. Disclosing what happened could result in criminal charges.Q: What happens if I refuse to testify before a grand jury?A: You could be held in contempt of court and face jail time. However, you can assert your Fifth Amendment right against self-incrimination.Q: How long do grand jury investigations last?A: It varies widely depending on the complexity of the case. Some last a few weeks, while others can go on for months or even years.Q: Can a grand jury indict someone who hasn’t been arrested?A: Yes, grand juries can indict based solely on the evidence presented, even if no arrest has been made.

Conclusion

Grand juries play a vital role in New York’s criminal justice system, serving as both an investigative body and a safeguard against unfounded prosecutions. However, being involved in a grand jury investigation can be an intimidating and high-stakes situation.At Spodek Law Group, we have the knowledge, experience, and dedication to guide you through every step of the grand jury process. Our team of skilled federal defense attorneys will work tirelessly to protect your rights and achieve the best possible outcome in your case.Don’t navigate a grand jury investigation alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation and let us put our expertise to work for you.