can victim.have attorney when testifying before grand jury

No, you do not have a right to a lawyer if you are testifying before a federal grand jury in the United States. The constitutional right to a lawyer comes from the Sixth Amendment, but it only guarantees a lawyer in criminal proceedings – usually after a defendant has been indicted or otherwise charged with a crime.

Full Answer

Do I need a lawyer to testify before a grand jury?

No, you do not have a right to a lawyer if you are testifying before a federal grand jury in the United States. The constitutional right to a lawyer comes from the Sixth Amendment, but it only guarantees a lawyer in criminal proceedings – usually after a defendant has been indicted or otherwise charged with a crime.

Can a witness be represented in a grand jury?

Can the prosecutor force you to go to the grand jury?

Why am I being asked to appear before the grand jury?

Yes. You have a right to have your criminal defense attorney present, however, your attorney is required to remain silent during your testimony and may not address the grand jury or object to any of the prosecutor’s questions. Your lawyer generally will sit next to you facing the grand jurors and you can ask to speak with your lawyer during your testimony if you have questions …

What is the role of a witness in a grand jury?

During an appearance before the Grand Jury, a witness is required to answer all questions asked, except where the privilege against self-incrimination would apply.

Who is present in a grand jury?

The only individuals who may be present while testimony is being given are members of the Grand Jury, attorneys for the government, the testifying witness, an interpreter when needed, and a court reporter to record the testimony.

How much does a grand jury witness cost?

Grand Jury witnesses are entitled to the same witness fees and travel expenses as all other witnesses. You will receive a $40 witness fee for each day your are required to be in court, or attend a pretrial interview, including travel days. You will not be reimbursed for lost wages.

What is a knowingly false answer to a question?

A knowingly false answer to any question could be the basis for a prosecution of the witness for perjury. Anything that a Grand Jury witness says which tends to incriminate him or her may be used against him or her by the Grand Jury, or later used against him or her in court.

How long does a grand jury last?

A Grand Jury consists of from 16 to 23 citizens, who serve for a period of up to 18 months. Members of the Grand Jury are selected at random from the list of prospective jurors, from which trial jurors are also chosen.

What is a witness to a crime?

You may have been a witness to a crime, or heard something about a crime, or have witnessed an event related to the commission of a crime. You may possess information concerning a crime, even though you may not recognize it as such.

Can a witness consult with an attorney?

A witness may consult with an attorney before testifying , and a witness many have an attorney outside the Grand Jury room. If it is desired, the witness will be afforded reasonable opportunity to step outside the Grand Jury room to consult with the attorney before answering any questions.

How to prepare for a jury trial?

Avoid chewing gum , candy, or other objects that may make you difficult to understand. Present your testimony clearly, slowly, and loud enough so that the juror seated farthest away from you can easily hear and understand everything you say. Do not speak to jurors or discuss the case outside of the courtroom.

What to do if you don't understand the question asked by an attorney?

If you don't understand the question asked by one of the attorneys, ask the attorney to repeat or rephrase the question so that you understand exactly what is being asked.

What is a jury?

Jurors are ordinary people, just like you. Although you are responding to the questions of a lawyer, remember that the questions and answers are really for the jury's benefit. Jurors are the ones who decide the facts of the case. Always speak clearly and loudly, so that every juror can hear you.

How to dress for a courtroom?

Dress neatly. There is no dress code in a courtroom. However, it is important to have a neat appearance, and to dress in a manner that shows respect for the courtroom proceedings. An appearance that seems very casual or overly dressy may distract the jury during the brief time you are on the stand, and they may not concentrate on your testimony. Hats should not be worn in the courtroom.

How to answer questions in court?

Answer the questions verbally. Do not nod your head for a "yes" or "no" answer. Speak out loud, so that the court reporter can hear the answer. For the same reason, try to avoid words like "yah," "nope," and "uh-huh.". Answer only the questions asked.

How to make your testimony sound rehearsed?

Speak in your own words. Don't try to memorize what you are going to say. Doing so will make your testimony sound rehearsed and unconvincing. Instead, just be yourself. Prior to the trial or hearing, go over in your own mind those matters about which you will be questioned .

What to do when you are called to court?

When you are called into court for any reason, be serious and avoid saying anything about the case until you are actually on the witness stand. Also, do not read in the courtroom, unless asked to do so by the judge or the attorneys. Do not exaggerate or guess.

Why do prosecutor subpoena witnesses?

When a prosecutor subpoenas witnesses to come before a grand jury, they are likely doing it for one of two reason. One, they believe that the person in question has information about a crime that a third party committed and they want that information to secure an indictment against said third party. Two, they believe that the person they are calling as a witness has committed a crime and they want to develop evidence against them.

Can you have an attorney present at a grand jury?

Grand juries are closed and you are not entitled to have an attorney present. However, we can be there in a hallway nearby. If you are asked something you are not sure about, you can leave the room to consult with us. Call Chambers Law Firm now at 855-397-0210 to learn more.

Can a prosecutor give immunity to a small fish?

It is common for a prosecutor to give immunity to someone they consider a “small fish” when they are trying to get a “big fish.” For example, in a drug case, the prosecutor may offer immunity to someone caught with possession of drugs if they are willing to testify about the drug dealer they bought it from.

What to do if you are called to testify before a grand jury?

Have you been called to testify before a grand jury? Do you have questions about whether you are required to testify or maybe you have concerns that you will say something that is incriminating? Once you receive a summons or subpoena to testify before a grand jury, the most important thing to do is contact an attorney to discuss your specific case and obtain legal advice which could save you from having to testify or from the possibility of facing criminal charges.

Who will listen to grand jury testimony?

The grand jurors will listen to information and view evidence presented by a prosecutor known as an Assistant District Attorney or Assistant Attorney General.

What is the privilege of witnessing against spouse?

On the other hand, the Spousal Privilege allows the witness-spouse to claim a privilege to not testify against their spouse. One exclusion to the privilege occurs when the spouse is accused of child abuse. In those cases, the witness-spouse does not have a privilege and can be forced to testify at the grand jury.

What to do when you get a subpoena to testify?

Once you receive a summons or subpoena to testify before a grand jury, the most important thing to do is contact an attorney to discuss your specific case and obtain legal advice which could save you from having to testify or from the possibility of facing criminal charges. Grand jury proceedings are often depicted in ...

What would happen if John had an attorney?

If John hired an attorney, the attorney would stand next to him when John testified at the grand jury and could tell him which questions to invoke his Fifth Amendment privilege to and which questions he could answer. Often people are unwillingly involved in criminal matters, like delivering an envelope full of money from one person ...

How many people are on a grand jury in Massachusetts?

In Massachusetts, a grand jury is made up of 23 people from the community and a new grand jury is empaneled every three months by a Superior Court judge. During those three months, the grand jurors ...

What is an indictment in court?

An indictment is a criminal charge brought in Superior Court. Most cases in Superior Court are for serious felonies including Murder, Rape, Home Invasion, and Child Abuse. If you have received a subpoena or summons to testify before a grand jury, the first question you should ask yourself is do I need an attorney?

How does the prosecutor compel the grand jury to testify?

The prosecutor is able to compel individuals to give testimony at the grand jury by serving a subpoena-an Order of the Court that compels the individual to appear and testify. Remember, the grand jury does not decide guilt, but only if the prosecutor should bring the criminal charges in the first instance.

What is a grand jury witness?

As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify.

What is a target witness?

TARGET. There are three different types or classifications of grand jury witnesses: Target – Subject- Witness. If you receive a letter in the mail from the Department of Justice (DOJ) that you are a target, you have been formally notified by the DOJ that they intend to call you before a federal grand jury to testify regarding criminal activity ...

Why is a grand jury more relaxed?

First, it encourages witnesses to talk freely. Second, if the grand jury decides not to indict , the potential defendant’s reputation is not harmed . There is no judge in a grand jury and thus it is more relaxed than a typical court room.

What is a witness in the government?

A witness is someone who the government believes has helpful information but did not do anything wrong. Think of the person walking on the sidewalk and sees a bank robber leaving the bank. While in all likelihood you will be fine, but you don’t want to have something you say misinterpreted. If you are the target, subject or witness ...

What is the destruction of a document required to be produced before the grand jury?

You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law , including but not limited to Obstruction of Justice. You are advised that you are a target of the Grand Jury’s investigation.

What happens if you get a target letter from a grand jury?

If you receive the “target” letter the U.S. Attorney believes that there is substantial evidence linking you to a crime.

What happens if you don't testify in a grand jury trial?

If your grand jury testimony doesn’t help you, it will hurt you.

What happens if the grand jury does not vote to indict you?

If the grand jury does not vote to indict you, the case probably will end there. If the grand jury votes to indict, your case will continue towards trial. Compare Grand Jury Proceedings to Trials. A useful way to understand grand jury proceedings is by comparing them to trials.

How many jurors are needed to get an indictment?

To get an indictment, the prosecutor must persuade only 12 of 23 grand jurors (a little more than half the jurors) to indict you. Felony trial juries consist of 12 trial jurors. To get a conviction, the prosecutor must persuade all 12 jurors to convict you: this is called a “unanimous verdict”.

Why are indictments easy to obtain?

Indictments are easy for prosecutors to obtain because the standard of proof (certainty of guilty) at grand jury proceedings is very low. Defendant Can’t Cross-Examine. Third, defense counsel can’t cross-examine witnesses at grand jury proceedings. Grand jury proceedings are conducted in secret.

What does the DA do at trial?

For example, at trial, the DA will highlight each inconsistency (there always will be inconsistencies) between your grand jury testimony and your trial testimony, and argue to your trial jury that the inconsistencies prove your trial testimony is a lie. The DA won’t have this weapon if you don’t testify at the grand jury proceeding.

How many grand jurors are there in a felony trial?

A district attorney gets an indictment by presenting evidence to a “grand jury”. A grand jury is a group of 16 to 23 “grand jurors” – regular citizens, like trial jurors, who serve jury duty by hearing evidence ...

What is the goal of a grand jury?

The district attorney’s goal at a grand jury proceeding is to “indict” you. The DA’s goal at trial is to “convict” you. An “indict ment” is a piece of paper that formally describes the accusations against you. A “conviction” is the outcome of a criminal case that authorizes the Court to punish you. Because indictments carry less severe consequences ...

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.

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 are grand jury meetings 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. Also, secrecy ensures to protect the reputation of parties that have not yet been criminally charged.

What happens if you don't comply with a grand jury subpoena?

If you do not fully comply with a grand jury subpoena, you can be fined and even jailed. Anyone who receives a federal grand jury subpoena should seek the counsel of an experienced federal investigations attorney.

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.

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.