Rights of The Accused at Grand Jury

Rights of The Accused at Grand Jury

So you’ve been called to appear before a grand jury. That must be pretty scary and confusing! As someone who’s gone through it myself, I want to walk you through what to expect so you feel more prepared.

First off, it’s important to understand what a grand jury actually is. Basically, it’s a group of citizens who decide whether there’s enough evidence for you to be formally charged with a crime. The grand jury doesn’t determine guilt or innocence – they just decide if there’s probable cause to move forward with prosecution.

The biggest thing to know is that the grand jury process is very different from a normal trial. There’s no judge, it’s run entirely by the prosecutor, and the rules of evidence don’t apply. You don’t even have the right to have your lawyer in the room with you when you testify. So it can feel like you’re facing the prosecution all alone!

Here are some key rights you do and don’t have when appearing before a grand jury:

You Don’t Have the Right to Remain Silent

If you refuse to answer questions, you can be held in contempt of court. The 5th Amendment protection against self-incrimination doesn’t apply in a grand jury proceeding. Anything you say can potentially be used against you later.

You Can Consult Your Lawyer Outside the Grand Jury Room

You have the right to talk to your lawyer before and after testifying, but not during questioning. Your lawyer can help prepare you, but can’t go in with you. Make sure to take advantage of consulting your attorney, so your not going in blind.

You Don’t Have to Testify at All

Prosecutors may invite you to testify, but can’t force you to. You can invoke your 5th Amendment right and refuse to testify. But keep in mind that silence can sometimes work against you.

You Can Review Transcripts of Your Testimony

After testifying, you can request a transcript to review what you said. This allows you to correct any misstatements. But you don’t have an automatic right to get transcripts of other witnesses.

You Have the Right to Exculpatory Evidence

The prosecutor must disclose any evidence that clearly shows your innocence. But they don’t have to turn over everything they have that could potentially help your case. The standard is lower than at trial.

You Can Challenge the Grand Jury’s Composition

If you believe the grand jury was improperly selected in a biased way, your lawyer can file a motion to dismiss the indictment. But it’s rare for such challenges to succeed.

You Don’t Have the Right to Present Evidence Yourself

Only the prosecutor gets to present evidence and question witnesses. As the accused, you have no right to testify about defenses or justifications, or introduce documents and testimony that support your side.

You Can’t Cross-Examine or Object to Witnesses

Since there’s no judge, you can’t raise objections if a witness says something inaccurate or improper. You just have to sit there silently while they testify against you.

Everything is Secret

Grand jury proceedings are completely secret. Everyone involved is prohibited from talking about what happened. The secrecy makes it feel like a mysterious, shadowy process.

As you can see, the deck is really stacked against the accused in a grand jury hearing! The purpose is for the prosecutor to present just their side of the case.

My advice? Don’t go in there thinking you can argue your innocence. The grand jury isn’t determining guilt or innocence. They are just deciding if there’s enough evidence to move forward.

Answer the questions honestly, but keep your answers short and simple. Don’t speculate or volunteer information that’s not asked for. Stick to “I don’t recall” or invoke your 5th Amendment right if you need to. And correct any misstatements when you review the transcript.

Having a lawyer help prepare is crucial. They can explain the process in more detail, advise if you should testify or not, and help get transcripts to review after. I know it sucks you can’t have them in there with you, but take advantage of their guidance before and after.

The hardest part is the uncertainty of not knowing what evidence the prosecution has or what other witnesses are saying. That’s why grand juries have gotten the nickname “the prosecutor’s playground.” But staying calm and keeping your wits about you is key.

This whole thing stinks, I know. But just take it one step at a time and it’ll be over before you know it. Let me know if you have any other questions! I’m happy to help you through this. You got this!!