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Home  >  Legal  >  Research Legal Advice  >  What to Do if the State is Going to Present a Case Against Me to the Grand Jury
Julio Laboy

What to Do if the State is Going to Present a Case Against Me to the Grand Jury

Written by: Julio Laboy Avvo Pro

Contributor Level 9
Criminal Charges Criminal Defense Grand Jury
Posted about 2 years ago. Applies to Arizona, 1 helpful vote, 0 comments
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1

Hire a Lawyer

You hear this as a first step frequently. But it is true. A lawyer familiar with Grand Jury practice can help protect your rights and maybe even preclude the presentation in the first place.

2

Request Your Presence at the Grand Jury

Consider submitting a letter to the Grand Jury via the charging attorney requesting that your testimony be heard at any Grand Jury proceeding. The Grand Jury isn't required to grant your request. In some cases when you are permitted to be present, your testimony may help lower or rid your criminal liability. This is a strategic move that should be discussed and reviewed with your lawyer. (Your lawyer cannot speak on your behalf during the Grand Jury review of your case). If later indicted, order the transcripts of the Grand Jury proceeding. File a Motion to Remand/Dismiss if the Grand Jury was never informed of a timely request to be present. You have strict time limits to challenge the Grand Jury. Check with your lawyer. Motions to Extend the Time to Challenge may also be filed.

3

Exculpatory Information

Gather any exculpatory facts - or facts that tend to show your innocence -- and submit these facts in a letter to the charging attorney. Make sure to include in your letter that the exculpatory facts must be disclosed to the Grand Jury. If later indicted, order the transcripts of the Grand Jury proceeding. File a Motion to Remand/Dismiss if the Grand Jury was never informed of the exculpatory information. Good Luck!


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