can a lawyer find out about what a officer told the grand jury to get a indictment

What should I do if I am indicted by a grand jury?

Being Indicted. If you are a target of a grand jury investigation, you should assume that you will be indicted on criminal charges. With that in mind, your goal in appearing before the grand jury should be to not say anything that could hurt you later and to get your side of the story on the record.

How does the prosecuting attorney use the grand jury to investigate?

The prosecuting attorney uses the grand jury to investigate as much as for the filing of criminal charges. This is done because a grand jury has several advantages over law enforcement investigations. For example, a grand jury can subpoena witnesses and documents.

What is a grand jury indictment in a criminal case?

All cases will proceed by grand jury indictment unless you waive your right to a grand jury in the state system. It’ll either be a grand jury indictment or you’ll get a direct complaint and you’ll have a right to a preliminary hearing but in essence think about it as it’s the finding of probable cause.

Can a grand jury subpoena a case after an indictment?

The government is prohibited from using the subpoena power of the grand jury to investigate a case following an indictment. Despite this, sometimes cases arise from the same set of facts associated with an indictment. In these situations, a grand jury may be held to assess facts that might result in additional criminal charges.

Why is a grand jury a secrecy?

Removing witnesses from the veil of secrecy to some degree lessens the control of the prosecutor by allowing targets some opportunity to learn the direction of the investigation and present exculpatory evidence.

Which of the following is required for a grand jury to return an indictment in a case?

A simple majority of the grand jurors must vote for an indictment in order to return a true bill. If a majority of the grand jurors don't think the prosecutor's evidence creates probable cause, they will vote not to return the indictment.

What is the main difference between an indictment and an information?

Like a complaint, an information is an official charge document, except, it is supported with sufficient evidence after a preliminary hearing is held. An indictment is a formal charge sheet that is filed and supported by the grand jury.

Do grand juries violate the constitutional rights of witnesses and defendants?

In thus allowing the use of evidence obtained in violation of the Fourth Amendment, the Court nonetheless restated the principle that, although free of many rules of evidence that bind trial courts, grand juries are not unrestrained by constitutional consideration.

Does indicted mean guilty?

Does an Indictment Mean I'm Guilty? Whether you're facing indictment or have already been indicted, that doesn't mean you've been found guilty of a crime. All an indictment means is there was probable cause to charge you with a crime.

What does indicted by grand jury mean?

After the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, they are given formal notice that it is believed that they committed a crime.

What are counts in an indictment?

In Criminal Procedure, one of several parts or charges of an indictment, each accusing the defendant of a different offense. The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.

What happens when a criminal complaint is filed against you?

The Magistrate before whom the complaint has been filed can directly proceed with examination of both the complainant as well as the accused. If prima facie crime has been made out, the Magistrate begins inquiry, frames charges and from thereon a similar procedure is followed as is applicable for trail of Police Cases.

What is information in lieu of indictment?

Unlike an indictment, however, an information does not require a grand jury's vote. Instead, the information is presented to a judicial officer, usually a magistrate judge, who examines the information and decides whether there is probable cause that a crime occurred.

How can the 5th amendment be violated?

This right is often referred to as the Fifth Amendment Privilege or, more colloquially, as the right to “take the Fifth.” The Supreme Court has many times affirmed the most natural understanding of these words: the defendant in a criminal case cannot be compelled to testify—that is, she can't be called to the stand and ...

What is the 5th amendment in simple terms?

The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...

Can the 5th amendment be used in a grand jury?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

About Grand Jury Indictment Attorney Dr. Nick Oberheiden

Attorney Dr. Nick Oberheiden focuses his practice exclusively on federal litigation matters, predominantly federal criminal defense cases.

The Post Grand Jury Indictment Options

If you or your business is under investigation or even indicted, you must realize that every step you take or fail to take can, and likely will, have a substantial impact on your future.

What Is Your Best Option with a Grand Jury Indictment? Get a (Real) Case Assessment

If you call 888-680-1745 you will be instantly in touch with Nick Oberheiden. No junior lawyer or paralegal will hold you off or waste your time by taking notes for someone else. A federal grand jury indictment is an extremely serious matter.

How long can a misdemeanor be tried without an indictment?

It is immaterial how Congress has classified the offense. 26 An act punishable by a fine of not more than $1,000 or imprisonment for not more than six months is a misdemeanor, which can be tried without indictment, even though the punishment exceeds that specified in the statutory definition of “petty offenses.” 27.

Why was the English grand jury created?

The basic purpose of the English grand jury was to provide a fair method for instituting criminal proceedings against persons believed to have committed crimes.

What was the case in Mandujano v. Wong?

564 (1976); United States v. Wong, 431 U.S. 174 (1977). Mandujano had been told of his right to assert the privilege against self-incrimination, of the consequences of perjury, and of his right to counsel, but not to have counsel with him in the jury room.

What is the Fifth Amendment?

RIGHTS OF PERSONS FIFTH AMENDMENT. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for ...

What is the significance of the Coleman v. Alabama decision?

1 (1970), deeming the preliminary hearing a “critical stage of the prosecution” at which counsel must be provided, called this rule in question, inasmuch as the preliminary hearing and the grand jury both determine whether there is probable cause with regard to a suspect.

Can a grand jury act on their own knowledge?

In fact, grand jurors could act on their own knowledge and were free to make their presentments or indictments on such information as they deemed satisfactory. Despite its broad power to institute criminal proceedings the grand jury grew in popular favor with the years.

Is the grand jury's subpoena power unlimited?

United States, 408 U.S. 41 (1972). 7 “Of course, the grand jury’s subpoena power is not unlimited. It may consider incompetent evidence, but it may not itself violate a valid privilege, whether established by the Constitution, statutes, or the common law. . . .

3 attorney answers

This is really a question you should be discussing with your attorney. The best way to handle testimony that may be incorrect requires careful strategic considerations. Retain local counsel that can discuss this matter with you in depth and determine how best to represent you. Good luck...

Leif Harrison Kleven

Where was your attorney during all of this? Defendants often accuse the police of lying, but the police tend to have more credibility than the accused. Speak to your attorney.

Jay Scott Finnecy

This must be a state law question, not federal, since in federal court you would not be permitted to hear the testimony of other witnesses before the grand jury. You should discuss this with your attorney. If the prosecutor knowingly presented false testimony to the grand jury, it could be a basis for dismissal of the indictment.

What is an indictment?

An indictment is an allegation which has been made against you that you have committed a crime. The indictment simply means that now you’ve officially been charged and the lawyer starts to defend you when you go forward and challenge the standards of probable cause. Someone has accused you of a crime and the matter has been taken to a grand jury.

What does a grand jury indictment mean?

Indictment is the formal charging document, if you’ve been indicted by the grand jury that means the neutral decision party, the members of the grand jury actually, have found probable cause against you.

How do grand jury indictments work?

Indictment is the formal charge issued by the grand jury if there is probable cause of proceeding the trial is found against the defendant. When the grand jury recommends the indictment, the prosecution is duty bound to prove such accusations determined by the grand jury beyond a reasonable doubt.

How does a Grand Jury work?

Jury. Grand jury is going to be 12 to 23 citizens who sit on the grand jury. It’s a secret proceeding, you don’t have a right to be, there you don’t have a right to present any evidence, you don’t get to go your defense attorney, you don’t get to go but you can ask to go and the grand jury will make a decision about if they want to hear from you.

Who are the people who are aware of the grand jury?

The only people who are aware of the proceedings of a grand jury are the prosecutors, the jurors, court reporters and the testifying witnesses.

Why do prosecutor attorneys use grand jury?

The prosecuting attorney uses the grand jury to investigate as much as for the filing of criminal charges. This is done because a grand jury has several advantages over law enforcement investigations. For example, a grand jury can subpoena witnesses and documents.

Why are the proceedings of the trial secret?

First and foremost, the proceedings are secret because the prosecution does not want at this time to notify possible targets of a grand jury investigation that they may face federal charges. If they were to learn of this, they could flee the country.

How long does a grand jury sit for?

A federal grand jury may sit for as long as 18 months. It can hear evidence one day per week, typically, but sometimes more often.

What is the process of indicting a person for a felony?

To indict you, the US attorney will offer evidence regarding your case to the federal grand jury in the federal district where the crime allegedly happened.

Why do federal prosecutors ask the same question twice?

One of the favorite tricks of federal prosecutors is to ask the same question at different times to see if a suspect will give a different answer the second or third time. You might even be asked to appear before the grand jury on several different occasions for this very reason.

What happens when a grand jury subpoenas a person?

But when a federal grand jury has produced a subpoena, the person has to appear or faces contempt of court. Because the grand jury cannot convict anyone of a crime, the law is not as concerned with the technical rules of evidence as it is in an actual criminal trial.

What does a grand jury decide?

Instead, grand juries consider presented evidence and render a decision based solely on that presented evidence on whether or not there is probable cause to believe that (1) a crime (as defined by state or federal law) has been committed (2) by one or more individuals.

Who said district attorneys have so much influence on grand juries that they could get them to indict a ham

Perhaps you’ve heard the famous quote from New York Judge Sol Wachtler, which first appeared in a 1995 New York Daily News interview where he explained “…district attorneys now have so much influence on grand juries that ‘by and large’ they could get them to ‘indict a ham sandwich .’”.

How many jurors are needed for a grand jury in Texas?

Pursuant to Texas Code of Criminal Procedure 20.19, only nine (9) jurors are needed for an accused to be faced with criminal charges.

What are the two types of juries in Texas?

There are two kinds of juries in Texas: “petit juries” and “grand juries.”. In criminal cases, a “petit jury” is selected to serve in a particular trial in order to decide on the defendant’s guilt or innocence. A “grand jury” never makes that decision.

Why are grand juries important in Texas?

Long ago, when grand juries were considered so vital they were guaranteed in the Texas Constitution, the practice of having a group of citizens serve as a double check on the police powers, confirming “probable cause” existed before anyone was subject ed to arrest seems to be a clear legal protection and a part of due process.

What is an examining trial?

An “examining trial” is a preliminary hearing where a judge will review evidence presented to him or her and decide if there is “probable cause” for an arrest. Criminal defense lawyers usually file motions for examining trials, and are known to appeal the trial court’s decision to a reviewing court if probable cause is found to exist. For more, read “ Examining Trials in Texas .”

How many vehicles are there for determining probable cause?

There are two vehicles for determining “probable cause” that an individual has committed a crime. They are alternatives. One is preferred by the prosecution and the other, by the defense.

Who will be there to hear evidence in a grand jury?

The prosecutor will be there, though, as well as officers and grand jury clerks. The prosecutor will explain the law to the jury and work with them during the process. A grand jury will hear evidence presented by the prosecutor . In order to gather the information the jury will use to reach its decision, subpoenas can be issued.

Why do prosecutions use grand jury?

When more serious offenses are involved, the prosecution often selects a grand jury because this process is faster than a preliminary hearing.

What is the role of subpoenas in grand jury?

Subpoenas exists in a grand jury setting to obtain evidence for presentation to the grand jury that shows a person committed a federal offense. The ability of grand juries to issue subpoenas is broad.

What is the supermajority required for a grand jury?

Instead, either a supermajority of 2/3 or 3/4 agreement, depending on the jurisdiction, is needed for a grand jury indictment. A grand jury in a criminal case might hand a “true bill” down, which is a type of indictment when criminal charges are involved. When a grand jury hands down a “true bill” of indictment, ...

Why are grand jury proceedings kept in complete confidence?

This serves two purposes: It encourages witnesses to speak freely without the fear of retaliation. It protects the potential defendant in the instance that the jury does not decide to indict.

What does a grand jury do?

Before being brought to trial, a grand jury makes a determination of whether there is a sufficient amount of merit behind charges. The standards for grand juries are similarly established by the Constitution as well as case law.

How many people are on a grand jury?

The Beginning of the Grand Jury Process. As the process begins, between 16 and 23 people will be selected to serve on the grand jury. Grand juries are chosen from the same group of people as trial jurors, but the selection process may be less time consuming with fewer questions asked to each potential juror. These individuals may be called ...

What does it mean when a grand jury indicts you without a complaint?

Sometimes a charge may be presented to a grand jury as an original matter without a complaint, which means there will be no records prior to the indictment. The indictment may come as a surprise. Even if an indictment has not been returned, it does not mean court proceedings have paused.

How to get an indictment back?

If you are the defendant, send a letter to the clerk and the court requesting notice of future court dates. Call the district clerk’s office and ask if an indictment has been returned. Ask when the grand jury meets. Sets of indictments are made public usually a day or two after a grand jury meets. Check every week if necessary.

What is the purpose of indictment and court dates?

Indictments and court dates are matters of public record. To formally charge someone with a felony, or indict that person, a grand jury must return a true bill. Indictments are filed with the district clerk for the county where the offense occurred. Court dates are usually posted on a court docket, which is a list of cases before the court.

What happens if an indictment is not returned?

Even if an indictment has not been returned, it does not mean court proceedings have paused. The court can still have matters to handle with the defendant, including pretrial issues such as a bond revocation hearing.

How long does it take for an indictment to be made public?

Sets of indictments are made public usually a day or two after a grand jury meets. Check every week if necessary. Even if an indictment has not been returned, it does not mean court proceedings have paused.

Is there a record before an indictment?

Sometimes a charge may be presented to a grand jury as an original matter without a complaint, which means there will be no records prior to the indictment. The indictment may come as a surprise. Abdul Farukhi has been writing and reporting since 2001.

How Does A Grand Jury Differ from A Preliminary Hearing?

Grand Jury Proceedings

The Grand Jury's Decision and A Prosecutor's Discretion

• Grand juries do not need a unanimous decision from all members to indict, but it does need a supermajority of 2/3 or 3/4 agreement for an indictment (depending on the jurisdiction). Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case. However, the grand ju...

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How Does A Grand Jury Work in Your State? Get Answers from An Expert

What Is An Indictment?

What Does A Grand Jury Indictment Mean?

• Indictment is the formal charging document, if you’ve been indicted by the grand jury that means the neutral decision party, the members of the grand jury actually, have found probable cause against you. So you won’t get a preliminary hearing in the federal system. All cases will proceed by grand jury indictmentunless you waive your right to a gran...

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How Do Grand Jury Indictments Work?

How Does A Grand Jury Work?