Huntington Station Grand Jury Lawyer

Grand Jury

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. It is a larger group of jurors who decide whether there is cause to bring felony charges against a defendant.

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, (516) 650-5875. We can meet confidentially and address any questions you have about a sentence or investigation from officers.

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 evidence for an indictment. Nonetheless, the standard requires real evidence, not simply conjecture. Usually, the prosecution will present witnesses and other evidence.

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 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. Grand juries were meant to be a barrier between individuals in society and the state.

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.

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.

How Karpf Criminal Law Can Help Residents in Suffolk County

Grand juries operate in secret, and many suspects are unsure of what to do. 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.

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.

Contact Karpf Criminal Law 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.