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Federal (white collar) criminal case/trial.

Los Angeles, CA |

Wondering if in a federal case when a defendant decides to go to trial is the jury pool based on members of the general public? Also does the jury pool ever come from members of the grand jury? (is this even allowed).

Also how many jurors do there need to be in order for a federal trial to take place? Does the defense team and/or the prosecuting team pick the jury?

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Attorney answers 4

Posted

The jury panel is selected from the general population. No one from the grand jury would be eligible to sit on the jury since they have prior intimate knowledge of the evidence in the case.

A federal jury is made up of 12 jurors and up to 6 alternate jurors. Both the prosecutor and the defense attorney are entitled to exercise peremptory strikes to whittle the panel down to the appropriate number of jurors and alternates.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

Asker

Posted

Would it be fair to say that many jurors at this time [with the scandals that the IRS is having (i.e. porn, expenses)] have a bad overall view of the IRS? Essentially what I mean is that many people already hate the IRS as it is and with the current scandals have found them to be more unreliable and untrustworthy. Does this mean that it is a currently a more favorable time to go to trial in federal court in a criminal tax case since the jury pool will usually be composed of people that dislike the IRS?

Posted

The jury pool in the Central District of California is based from the general population from the following counties: Riverside, San Bernardino, Orange, Los Angeles, San Luis Obispo, Santa Barbara, and Ventura. Grand Jury members are typically exempt. 12 jurors for a criminal matter. Many federal judges prefer to do the voir dire, but the final decision is made by the attorneys from both sides.

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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Asker

Posted

Would it be fair to say that many jurors at this time [with the scandals that the IRS is having (i.e. porn, expenses)] have a bad overall view of the IRS? Essentially what I mean is that many people already hate the IRS as it is and with the current scandals have found them to be more unreliable and untrustworthy. Does this mean that it is a currently a more favorable time to go to trial in federal court in a criminal tax case since the jury pool will usually be composed of people that dislike the IRS?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

There are people who dislike the government in general The issues with the IRS are a good start, but you will need to show how they have been unfair in your matter. Don't discuss here because this forum doesn't provide attorney-client privilege, but what do you have specifically in your case that makes them look unreliable and untrustworthy? Think about it. I bet there is more than one item. Good luck.

Posted

Making progress on the term paper about jury trials, one Avvo Q and A at a time.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Asker

Posted

I don't get it... It is not a study assignment by the way. It is a serious question.

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

You're funny Christine. Everybody wants something for nothing, even with the availability of the internet and Wikipedia. And of course it is a serious question - gotta get that term paper completed.

Christine C McCall

Christine C McCall

Posted

I wish these students knew how often I get called by students facing school discipline on charges of academic misconduct for this kind of "research." And I wish they had even a glimmer of the sophistication of the software that the schools have (for free) and use to discover this kind of "research." But, of course, I also wish that the students who face these kinds of administrative disciplinary proceedings could afford my legal defense services. Unfortunately, their student loans come due right on schedule, even if they are expelled.

Posted

Don't get mad at me but. If you are asking these questions on AVVO, there is a breakdown in the relationship with your (or your friend/loved one's) attorney. That concerns me. The answers above are 100% right but my goodness, if you (or someone you know) is going to trial, the communication has to be better than this. What's going on?