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Grand Jury Panel for a criminal case

New York, NY |

My friend was told by the judge to come back today for a grand jury and her friends told her if her lawyer was planning to speak to the DA she didnt have to attend today and forget what the judge said because the lawyer will handle it later. Is this correct for a criminal case she was arrested for? And what is the process of having to go to the grand jury panel are they trying to FRY her? thanks

Attorney Answers 6

Posted

A defendant arrested on a felony has the right to testify before the grand jury considering her case. Whether she should do so requires an in-depth conversation with her lawyer about the facts of the case and her criminal record (if any). As for when to go back, she needs to be in court on the adjourn date set by the Judge.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

thanks

Posted

A defendant is not required to testify before the grand jury. Whether to do so or not is up to the defendant with advice from the lawyer. If the judge told her to come to court, she should come to court. If the case is on the calendar, she must appear.

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Posted

so once she gets there then she can refuse to testify?

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Posted

......and ask for trial?

Jay K Goldberg

Jay K Goldberg

Posted

She can refuse to testify at the grand jury but should speak with her attorney about this.

Asker

Posted

ok thanks

Posted

The first question is simple. Your friend should listen to the judge or her lawyer regarding
court appearances. As to the grand jury procedure the defendant should have substantial conversations with her attorney in order to decide the best way to move forward.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

just to clarify ... if the judge said "come back on this date" and the lawyer said "disregard it I will talk to the DA" you DONT have to go to the court date? or is it safe to still go because there is NOTHING in black and white saying your date was rescheduled? thanks again for taking out the time

Howard A. Schwartz

Howard A. Schwartz

Posted

I would go to play it safe. *************** The Attorney-Client Privilege applies to this Email *************** Howard A. Schwartz, Esq. Schwartz & Krysinski, LLP 50 Court Street, Suite 506 Brooklyn, New York 11201 Howard@brooklynlaw.net c: (718) 208-6094 o: (718) 643-9333 f: (718) 522-5644

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Posted

yup we were right she went and thank goodness she did... now she has to wait for the grand jury on jan 30 doesn't look too good for her either especially because she cant afford a lawyer and the judge refused to let her change lawyers

Howard A. Schwartz

Howard A. Schwartz

Posted

Although judges will allow a change of court appointed counsel it does not happen often. Hopefully the defendant will find a way to work with the attorney. Good luck. *************** The Attorney-Client Privilege applies to this Email *************** Howard A. Schwartz, Esq. Schwartz & Krysinski, LLP 50 Court Street, Suite 506 Brooklyn, New York 11201 Howard@brooklynlaw.net c: (718) 208-6094 o: (718) 643-9333 f: (718) 522-5644

Posted

Your friend should take a meeting with the attorney. There are many variables.
It can be true and accurate.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Your friend should listen to the judge. If she fails to show up as directed by the court, she could have her bond revoked. All felony cases must go to the grand jury to proceed.

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thanks she went. 1-10 chances of her getting NO jail time if she admitted to the cops she took stolen credit cards out his house/destroyed his home and poured bleach around and on his kids?

Posted

Your friend should be listening to the judge and her attorney, not her friends. If the judge said to be in court, she should be in court, unless her attorney tells her otherwise.

Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.

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