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What else can I help you with?
Is it a violation of a defendants rights to not be present during the grand jury trial?
No. A grand jury is a finder of fact, not a trial. You will not be found guilty based on a grand jury true bill.
Who directs the grand jury proceedings?
If it is a federal Grand Jury - it would be a member of the U.S. Attorney's Office who would present the cases. In a state Grand Jury, it would be an attorney from the State Attorney General's Office.
Is the defendant required to be present during all felony proceedings?
In general, defendants are required to be present during all felony proceedings, including arraignment, plea hearings, and trial. However, there may be exceptions when a defendant can be excused from some proceedings, such as when they waive their right to be present or when their presence would disrupt the proceedings. Ultimately, it depends on the specific circumstances and the discretion of the judge.
In preliminary proceedings can a defense attorney also call witnesses before a grand jury?
A Grand Jury only hears witnesses brought forth by the prosecutor. The defense attorney(s) and defendant(s) are not present at the hearing. Witnesses are not allowed to have their attorney present, but may excuse themselves to confer with legal counsel outside of the hearing/court room.
Why is the grand jury necessary?
Generally all felony offenses. CAUTION: Not all states indict defendants via the Grand Jury system.
What are the two major kinds of probable cause hearings are?
The two major kinds of probable cause hearings are preliminary hearings and grand jury proceedings. Preliminary hearings are conducted in lower courts to determine if there is enough evidence to charge a defendant formally, while grand jury proceedings involve a group of citizens who review evidence presented by prosecutors to decide whether to indict a suspect. Both types of hearings aim to protect individuals from unjust prosecution by ensuring sufficient evidence exists before moving forward with criminal charges.
Can a NO true Bill be turned into a direct indictment by a commonwealth attorney?
Yes, a "No True Bill" can potentially be turned into a direct indictment by a commonwealth attorney. A "No True Bill" indicates that a grand jury did not find enough evidence to indict a suspect. However, the commonwealth attorney can choose to pursue charges again if new evidence emerges or if they believe there is a sufficient basis to present the case directly to a trial court without another grand jury review.
How long does a district attorney have before they bring a case to the grand jury?
The timeline for a district attorney to bring a case to a grand jury can vary significantly depending on the jurisdiction and the specifics of the case. Generally, there isn't a strict deadline, but many jurisdictions aim to present cases to the grand jury within a few weeks to a few months after an arrest or the conclusion of an investigation. However, the timing may be influenced by factors such as the complexity of the case, the availability of evidence, and procedural requirements. Ultimately, it's at the discretion of the district attorney to determine the appropriate timing based on these factors.
What are all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.?
what are all the procedlural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
What to expect as a grand jury witness?
A grand jury witness can expect to answer questions from the prosecutor and defense attorney. They may also have to answer questions from the judge.
How do I find out what evidence the grand jury indicted me on?
If you do not yet have an attorney, you shold get one. Though what happens in the grand jury room is secret and not disclosed to the public, your attorney should be able to get a copy of what was said because of full disclosure laws in order to defend you properly. If you can't afford an attorney, you should ask the court to appoint one for you. In short, the state can't withhold evidence revealed to the grand jury if that evidence will be ued against you for prosecution by the state. Again, get an attorney.
Year made M1 grand?
@1937 to present
