Is that the only witness? If the case can not be made otherwise, then there will be no indictment.
The person gets released.
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)
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.
If bail is set and there is no indictment during the 180.80 time the person gets released from jail. If the person won't testify in the grand jury at all and there is no other way to make the case, the case either gets reduced to a misdemenaor or dismissed. If reduced, the case gets dismissed unless the person signs a supporting deposition.
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) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
Question for my New York colleagues: Here in Chicago the State usually just calls a detective who is allowed to give hearsay testimony before the grand jury and that is sufficient to sustain an indictment under Illinois law. Is it different in New York?
If the accuser is the only person that can offer sufficient evidence for an indictment and s/he doesn't testify the GJ would have to vote a no true bill the matter would be dismissed and the defendant released.
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