Grand Jury
We Help Clients in Huntington Station Navigate the Grand Jury Process
When most New Yorkers hear the word “jury,” they imagine a group of men and women deciding whether a defendant is guilty in a criminal trial. That is actually a petit jury. In New York, a grand jury serves a different function. A grand jury investigation is a larger group of jurors who decide whether there is cause to bring felony charges against a defendant. In New York State, a grand jury’s principal function is a key part of the criminal justice system in many cases.
Karpf Criminal Law can help anyone facing criminal indictment. We have deep familiarity with grand juries, and we can provide steady guidance during a stressful time. Call us to speak with a lawyer, (631) 424-6444 regarding your criminal investigation and criminal prosecution. We can meet confidentially and address any questions you have about a sentence or investigation from law enforcement officers from a federal grand jury subpoena. Your initial consultation with our Huntington Station criminal defense lawyer is fully confidential and carries no additional obligations.
Why Grand Juries?
NeBoth the federal and New York constitutions require the use of grand juries for “capital” or “infamous” crimes or violations. In everyday language, grand juries are required when the government wants to charge someone with a felony.
A grand jury is larger than a petit jury and can have 16-23 people. The prosecution and investigators present evidence to show that probable cause exists that the defendant committed a felony. Probable cause is a lower standard than proof beyond a reasonable doubt, but that makes sense at this stage of the case. The grand jury is only deciding whether there’s enough grand jury evidence for an indictment. Nonetheless, the standard requires real evidence, not simply conjecture. Usually, the prosecution will present witnesses and other evidence to grand jury witnesses and federal prosecutors.
Grand juries meet in secret, and they vote whether sufficient evidence exists for a felony indictment. When there is an indictment, it is called a “true bill.” When the same grand jury doesn’t vote to support an indictment, there is “no true bill.”
Those who drafted our state and federal constitutions believed grand juries protected the public against prosecutorial abuse and the witness testimony. Grand juries were meant to be a barrier between individuals in society and the state.
KNOW THE CENTRAL DUTY OF THE GRAND JURY IN NEW YORK
The central duty of the grand jury in New York is to determine whether there is sufficient evidence to establish reasonable cause that a person committed a felony and should face criminal charges in court. To perform this duty, the grand jury will review evidence and testimony presented by the prosecution to decide if an indictment is warranted.
Your Rights as a Defendant in a Suffolk County District Court
The prosecutor exerts enormous control over grand jury proceedings. He or she essentially decides which evidence to present, and a suspect has no right to present their own evidence to the town. The prosecutor might only present evidence that tends to show guilt and not present to the grand jury any evidence that shows the defendant might be innocent.
Defendants are not obligated to testify before a grand jury (or anywhere else, not even in front of a petit jury or judge). However, if a defendant wants to testify to the grand jury, they can. Criminal Procedure Law § 190.50(5) gives defendants the right to appear at a grand jury as a witness on their own behalf. There are procedural requirements you must meet.
HOW TO PREPARE TO GO BEFORE A GRAND JURY IN SUFFOLK COUNTY
Facing a grand jury is not easy. The best thing you can do at this point in the process is to make sure that you are properly prepared. Preparation can make a big difference before and during grand jury cases in Huntington Station or elsewhere in Suffolk County. Here are key things to keep in mind when preparing to face a grand jury in relation to a criminal case:
- Know Your Rights: Knowledge is power. Before appearing before a grand jury in Suffolk County, it is essential that you understand your rights. Whether you are a witness or especially if you are the subject of an investigation, you have the right to remain silent and avoid self-incrimination under the Fifth Amendment. You are not obligated to answer questions that could implicate you in a crime. Do not feel pressured into giving up rights.
- Understand the Allegations: Thoroughly understanding the allegations under investigation is key to preparing for a grand jury appearance. If you are the subject of an inquiry, you must know the potential charges and how your testimony might relate to them. With this in mind, you should review any subpoenas and/or any relevant documentation that you have received very carefully.
- Consult With a Lawyer: A lawyer can help you understand the purpose of your testimony, explain the questions you might face, and prepare you to handle the pressure of the process. Beyond that, your criminal defense attorney can also advise you on whether you should invoke your Fifth Amendment rights or even negotiate immunity (if applicable). Do not wait to seek professional legal representation: Consult with a top-tier Huntington Station grand jury lawyer as soon as possible.
GRAND JURY PROCEEDINGS IN NEW YORK STATE: FREQUENTLY ASKED QUESTIONS (FAQs)
Should You Testify at a Grand Jury?
The penalties will depend on the charge, such as possession or trafficking, as well as the type of drug involved and the amount. It’s not possible to list all It’s risky for a defendant to testify. For one, the defense lawyer cannot ask questions. The prosecutor runs the show. A defendant might slip up and say something incriminating. The state can use incriminating statements later in front of a petit jury when seeking a conviction.
Nonetheless, some defendants might testify to present their version of events. If the state can’t get a true bill, then the case could come to a grinding halt. The prosecutor might seek a misdemeanor charge, or they might not move forward at all. There are sometimes strategic advantages to appearing at a grand jury. Let’s meet to discuss your strategy.
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Is a Grand Jury Used for Misdemeanor Offenses in New York?
No, a grand jury is generally not used for misdemeanor offenses in New York. Grand juries are primarily convened for felony cases to determine whether there is sufficient evidence to proceed with criminal charges. Misdemeanor cases are typically handled through a different process.
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Do All Felony Cases in New York State Require a Grand Jury?
No. The defendant has the right to go before a grand jury. With that being said, not all felony cases in New York State require a grand jury. A defendant can waive their right to a grand jury indictment and instead be prosecuted through a superior court information (SCI). Why are rights sometimes waived? Most often, the reason is to expedite plea negotiations. Do not waive your rights without first speaking to an attorney.
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Can a Lawyer Represent Me Before the Grand Jury?
Yes. You can and should be represented by an attorney if you are set to go before a grand jury. However, unfortunately, they cannot accompany you into the grand jury room itself. Still, your lawyer can remain outside the room and provide legal advice during breaks in your testimony. It is crucial to consult with your attorney before appearing—especially if you are under investigation.
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What are the Possible Outcomes from a Grand Jury?
If you are under investigation for a potential felony criminal offense, you likely have a lot of questions about what are the possible outcomes from the grand jury process. Here is an overview of what after the grand jury hears a case in Suffolk County:
- An Indictment (True Bill): If at least 12 of the 16 to 23 grand jurors agree there is sufficient evidence, they will issue an indictment. You will hear this referred to sometimes as a “true bill.” It formally accuses the person before the grand jury of a crime. In effect, this means the case proceeds to trial—and the accused will face the charges in court.
- Dismissed Charges (No True Bill): Should the grand jury find insufficient evidence to support the charges, they will issue a “no true bill.” What happens? It leads to the dismissal of the case. As a result, the accused is released. No trial ensues for those specific charges.
- A Reduction of the Criminal Charges: In some cases, the grand jury may determine that, while evidence is lacking for a felony charge, it supports a lesser offense. Often, this will mean the defendant will face a misdemeanor rather than a felony. Though, there are some exceptions. In this scenario, they direct the prosecutor to file for reduced charges.
- Referral to Family Court (Limited Cases): In some limited circumstances, the grand jury may recommend that a case be transferred to Family Court—especially if it involves matters more appropriately handled within that jurisdiction. This is most likely to occur if the case involves a minor.
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How Karpf Criminal Law Can Help Residents in Suffolk County
Grand juries operate in secret, and many suspects are unsure of what to do. It is normal to be filled with questions and concerns about the grand jury process—after all, it is inherently stressful and you have a lot on the line. If the jury doesn’t indict, then you very well might avoid prosecution for any crime altogether. A lot is riding on what happens in the grand jury room. Twenty-three people hold your fate in their hands. Attorney Andrew Karpf has the skills, knowledge, and experience that you can rely on for help with the grand jury process. We are proactive and committed to personalized advocacy.
Our Huntington Station criminal defense lawyer can help in various ways:
- Discuss whether you should testify to the grand jury and prepare you if you choose to go that route;
- Sit in on your testimony and advise you;
- Analyze whether the grand jury was constituted properly;
- Pinpoint weaknesses or gaps in the state’s evidence against you;
- Negotiate with the prosecutor for a plea deal before, during, or after the grand jury meets;
- Attend all court hearings with you.
Our firm has the experience you need. If hired, we can begin building a defense against all charges, whether felony or misdemeanor, so you get a fair shake from the process. You do not have to navigate the nuances of the grand jury process alone. No matter your specific situation, our Huntington Station grand jury lawyer will invest the time and resources to develop the right legal strategy to most effectively protect your rights and your interests.
CONTACT OUR HUNTINGTON STATION GRAND JURY LAWYER TODAY
Our firm opened its doors to help those unfairly prosecuted by the state of New York. A Huntington Station grand jury proceedings attorney can protect your right to fair treatment. Contact us today to schedule a meeting with our office. available to meet to discuss your case in a confidential setting. We represent clients in Huntington Station, Suffolk County, and throughout the wider region.
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