New York Grand Jury Process
In felony case, you have a constitutional right to have the grand jury listen to evidence and decide whether there is reasonable cause to charge you with a felony. The grand jury consists of 16 to 23 members of the local community. They meet in secret.
You have the right to testify before the grand jury so long as you timely serve a notice of intent to testify upon the district attorney. The grand jury can compel the appearance of witnesses and the production of physical evidence. The district attorney and the court act as legal advisors to the grand jury.
Any witness who testifies before the grand jury is given transactional immunity which basically means that the witness cannot be prosecuted for anything he testified to before the grand jury that is responsive to a question by the prosecutor. If you choose to testify before the grand jury, the prosecutor will insist you waive your right to transactional immunity which basically means anything you say before the grand jury can be used against you. If you choose to testify before the grand jury you are entitled to have your lawyer in the grand jury room with you. Your lawyer may advise you during the proceeding but is not able to address the grand jurors. If you choose to testify before the grand jury you will be given an opportunity to make a statement to the grand jurors. You will then be questioned by the prosecutor.
Thereafter, the grand jurors may ask you questions. Your lawyer is not allowed to ask you questions or any other grand jury witness. If you choose to testify before the grand jury your testimony can be used later at trial. In my experience, most defendants choose not to testify before the grand jury.
Your lawyer is allowed to request the grand jury call certain witnesses to testify and advise them of the importance of the proposed witnesses’ testimony. Your lawyer can also send the prosecutor a letter requesting that he or she explain to the jurors any possible lesser included offenses and/or affirmative defenses.
After hearing all of the evidence, the grand jury can decide to: (a) charge you with a felony by returning a “true bill”; (b) charge you with a misdemeanor or violation by way of a prosecutor’s information or (c) dismiss the case by returning a “no true bill”. At least 16members of the grand jury must be present for the vote. However, only 12 votes out of 16 votes are needed to charge you with a felony.
Your lawyer will file a motion with the court seeking your release if you are in custody and the grand jury does not render a decision in your case within forty five days after the conclusion of your preliminary hearing. You still maybe indicted after the forty five days have expired but you will be released pending action by the grand jury. If the grand jury returns a felony indictment (“true bill”), you will be brought before a superior court judge to be arraigned on the indictment.
Please call me toll free at 1-877-858-2889 if you have been charged with a crime. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
