What is a grand jury and what are your rights if your case is being presented to a grand jury?
What is a grand jury and what are your rights if your case is being presented to a grand jury?
A grand jury subpoena compels appearance and testimony. Witness rights are limited, but legal advice is important for the outcome of the investigation.
Your Rights in Grand Jury Proceedings
A grand jury is a group of citizens chosen at random to represent the power of the people under the law. Grand juries can hear evidence and investigate the possibility that one or more persons have engaged in criminal activity. Using a grand jury is one of two ways that the government can charge a person with a crime. When a grand jury super-majority agrees, they can indict a person or persons for criminal charges.
Due Process and Right to Counsel
The Fifth Amendment to the U.S. Constitution protects against wrongful use of criminal charges by the government. It requires a finding of probable cause by a neutral party. The Fifth Amendment prohibits bringing charges except by way of an indictment using a grand jury or criminal information approved by a judge. The indictment power belongs to the grand jury function.
The grand jury proceeding is an investigation rather than a trial before a jury. Because no one has been accused of a crime, there is no right to counsel in the room where the jury questions witnesses. If you must appear before a grand jury, then you may benefit from the assistance of counsel.
You can prepare for testimony and ask questions of your attorney during the proceeding, but only if it’s outside of the hearing room. An experienced criminal defense attorney in Albuquerque can provide area residents with representation in grand jury investigations.
Grand Jury Under Federal Rules
The federal rules of criminal procedure establish the requirements for grand jury proceedings in federal cases. The rules require that the panels consist of between 16 and 23 members, and the panel pool must be large enough to remain this size throughout the investigation. The grand jury can hear evidence of nearly every kind. Its findings establish probable cause but not guilt beyond a reasonable doubt.
Grand Jury Under New Mexico Rules
State law requires a vote of 12 jurors to indict. The subject matter of grand jury proceedings is criminal conduct that is in the public interest. It could sometimes involve criminal negligence. Depending on the focus of the proceedings, a medical malpractice attorney in New Mexico may be involved. In some instances, grand jury investigations center on cases involving fatalities, so they may call upon the knowledge of a wrongful death attorney in Albuquerque.
We Are Here to Help
In addition to offering legal advice during grand jury investigations, we assist with a variety of legal needs. If you’re looking for an auto accident lawyer in Albuquerque or a personal injury attorney in Albuquerque, we’re ready to assist you.
