is it lawful for a lawyer to ask me what i was asked by the grand jury

They do not have the right to have an attorney present during questioning, or to present witnesses or evidence on their own behalf, like they would have in a criminal trial. The most powerful tool available to grand jurors is the right to ask questions. The state’s attorney, the prosecutor, is the person who runs the whole grand jury process.

Full Answer

Do grand jurors have the right to ask questions?

They do not have the right to have an attorney present during questioning, or to present witnesses or evidence on their own behalf, like they would have in a criminal trial. The most powerful tool available to grand jurors is the right to ask questions. The state’s attorney, the prosecutor, is the person who runs the whole grand jury process.

What kind of questions do lawyers ask for jury duty?

Lawyers typically ask a number of questions designed to determine whether a potential juror can be fair. If, for example, the case involves a drunk-driving accident, the lawyers will want to know whether the potential juror—or a close relative or friend—has ever been involved in a car accident, or had a drinking problem.

How does a grand jury decide a case?

The grand jury (as opposed to the “petit” or small “jury of your peers” that sits at criminal trials) does not determine the guilt or innocence of the accused. The grand jury, traditionally 16-24 people, determines whether or not there is enough evidence to justify bringing a criminal charge, or an indictment, against the accused.

Can a grand jury charge someone without evidence?

Before the protection of the grand jury, the king could charge someone with a crime without there being any actual evidence against them. If the king didn’t like you, you might end up being hauled into court, even if there had not been a crime to begin with.

Is a lawyer obligated to tell the truth?

Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

What is grand jury secrecy?

To guarantee the secrecy of grand jury hearings, Federal Rule of Criminal Procedure 6(e) prohibits most persons persent during the proceedings from disclosing what transpired inside the grand jury room; however, the proscription does not apply to witnesses.

Does a lawyer have to do what I say?

In most cases, clients are free to make their own decisions, even if the lawyer has advised against it. However, if there is a strong enough difference of opinion with serious consequences, an attorney may choose to terminate the attorney-client relationship.

Which of the following is a power of the grand jury?

Grand juries decide the guilt or innocence for defendants charged with felony offenses. Grand juries have the power to grant witnesses immunity from prosecution.

What amendment is grand jury review?

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.

Are grand juries always secret?

First and foremost, a grand jury proceeding is unique in that it is conducted in complete secrecy. The only people present in the room during a grand jury proceeding are the jurors themselves, a prosecutor, and a court reporter, who is sworn to secrecy. There are no judges, clerks, or other court personnel present.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

How much do jurors get paid?

Federal jurors are paid $50 a day. Jurors can receive up to $60 a day after serving 45 days on a grand jury. (Employees of the federal government are paid their regular salary in lieu of this fee.) Jurors also are reimbursed for reasonable transportation expenses and parking fees.

What is Fifth Amendment right?

noun. an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.

What four criteria are used to determine if a trial delay is unconstitutional?

Wingo , the U.S. Supreme Court concludes there is no set amount of time for a trial to qualify as “speedy.” Instead, the court rules that a number of factors must be used to decide whether the Sixth Amendment right was violated: (1) length of the delay, (2) reason for the delay, (3) the defendant's request for the ...

What are the rules for grand jury?

[Here is a list of people who should know about grand juries: 1 Anyone who might serve on a grand jury 2 Anyone who might be accused of a crime 3 Anyone who is confused about why it takes 30 seconds to indict most people accused of wrong-doing, but it is apparently impossible to indict Daniel Pantaleo, Darren Wilson, or Governor Rick Snyder.

Why does a grand jury hear evidence that would not be admissible in court?

Sometimes a grand jury even hears evidence that would not be admissible in court because it was obtained in violation of someone’s rights (although there are some protections against this).

Why are grand jury proceedings held in secret?

Today grand jury proceedings are still held in secret, in part to protect people’s reputations , but also to protect the identities of witnesses who testify against the accused during the presentation of the evidence to the grand jurors.

What is the most powerful tool available to grand jurors?

The most powerful tool available to grand jurors is the right to ask questions. The state’s attorney, the prosecutor, is the person who runs the whole grand jury process. The prosecutor presents witnesses and other evidence to the grand jury — but the prosecutors get to pick what they show — and what they don’t.

How long does it take for a grand jury to issue an indictment?

Most grand juries take less than a day to issue an indictment, because the jurors hear only the specific parts of a story that make the accused appear to be guilty. The grand jurors have the power to ask questions or request documents, but they rarely do.

Why was the grand jury secret?

Therefore, the grand jury process was secret, as a protection for people whose lives were being exposed in great (and sometimes untrue) detail. Once evidence was presented to a grand jury, they would compare the facts, as they saw them, ...

How many people are on a grand jury?

The grand jury, traditionally 16-24 people, determines whether or not there is enough evidence to justify bringing a criminal charge, or an indictment, against the accused.

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

What happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What does "for cause" mean in court?

A “for cause” dismissal means the court has agreed with at least one lawyer’s argument about the unsuitability of a potential juror (or has reached this conclusion on its own). A lawyer can raise an unlimited number of “for cause” challenges during jury selection.

How to determine how potential jurors will react to that trial strategy?

The defense lawyer might attempt to determine how potential jurors will react to that trial strategy by asking questions about the right to “stand your ground,” to defend your property, to possess firearms, and to protect others from harm.

What happens if a jury is negative on a firearm?

If the jurors, however, satisfy the judge that they can be fair and impartial despite their personal views on firearms, the judge will deny the attorney’s request.

Why would a potential juror ignore the judge's instructions?

Similar personal experiences could cause a potential juror to ignore the judge’s instructions to decide the case based on the evidence and the law without “passion or prejudice.”. When a potential juror has had a life experience closely resembling the facts of the case, that person will likely be excused by the court.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

Is a policeman your friend?

All of this adds up to one fact: generally speaking, the policeman is not your friend. Although they pretend to be, to get you to admit to things that you may or may not have done. Google "why you shouldn't talk to police" and watch the YouTube videos, especially the second one, a lecture by a cop.

Can you be released if you have enough evidence?

There may be a couple variations to these options but these are basically what would occur. The short answer is that you would most likely be released, unless they have enough evidence to charge you with a crime. Either way, informing them you want a lawyer and choosing not to talk is ALWAYS your best bet.

Can Miranda be used in a trial?

That doesn’t mean the case can’t proceed. Rather, it can and often does proceed, minus the statements.

Can a police officer interrogate a person in custody?

As far as Miranda itself goes, briefly, the rule is that before a police officer can interrogate a subject who is in custody, the subject must be advised of his Miranda rights. Note the two concepts: interrogation ( viz ., questioning) and custody.

Can a prosecutor guide a witness?

The prohibition against leading questions on direct examination forces lawyers to ask non-suggestive questions instead. So, a prosecutor can't guide the testimony of a prosecution witness too much. The prosecutor has likely spoken to the witness before testimony begins and prepared him or her at least somewhat.

Can a lawyer ask a leading question?

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer. For example, "You couldn't see very well, could you?" or, "Did you get to the scene at 8 p.m.?"

Do attorneys have to be cordial with opposing witnesses?

But, as long as they follow the rules of evidence, attorneys don't have to be cordial with opposing witnesses. Lawyers might want to restrain themselves somewhat when cross-examining witnesses for fear of coming across as a bully, but they sometimes determine that being aggressive is the best course of action.

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

What is the question asked by jurors?

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .

What happens if you don't vibe well with an attorney?

Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says.

What does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

What is the difference between a grand jury and a regular jury?

What’s the difference between a grand jury and a regular jury? A grand jury (12 to 23 people) is a body that investigates criminal conduct. Federal, state and county prosecutors utilize grand juries to decide whether probable cause exists to support criminal charges. A regular jury (6 to 12 people) -- aka a petit jury -- hears only trial cases.

What is a grand jury?

Grand jurors are chosen from the same group of people as trial jurors. When you receive notice for jury service you could be called for either one. The judge will ask very few questions, unlike when selecting a petit jury, when the judge and lawyers ask many questions. Grand jurors will only be excused "for cause," meaning they cannot be fair ...

Why did Ferguson and Staten Island go to a grand jury?

In the cases of Ferguson and Staten Island, both went to a grand jury because that is standard practice when a case involves a police officer. It's not the law, just the practice. What is commonly said is that "no one would ever be a police officer if it was otherwise.".

How often do prosecutor come in?

Prosecutors will come in, present evidence in the form of witnesses, documents, photos and video/audio. This is done often over the course of a day, a week or longer. In most cases the accused has an opportunity -- not required by law, unlike a jury trial -- to testify, but is only questioned by the prosecutor.

How many people are on a petit jury?

A regular jury (6 to 12 people) -- aka a petit jury -- hears only trial cases. A regular jury decides the facts. The judge presiding over the trial decides the law. A petit jury decides: In criminal cases -- whether the prosecution has proved their case beyond a reasonable doubt. In civil cases -- by a preponderance of evidence (which means 51%)​.

What is a no arrest indictment?

The indictment is called a "no arrest indictment," which forms the basis of an arrest warrant, so when the suspect is found and arrested he or she has already been indicted.

Where do grand juries sit?

Usually the cases are felonies. The grand jury physically sits in a college lecture type of room in the same building as the prosecutor's office. There is no judge present, just court officers and grand jury clerks.

What Questions Do They Ask at Jury Duty Selection?

To come to step four (going to court when sessions begin), you will need to show that you’re capable of giving unbiased judgment by filling out a questionnaire.

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