When a prosecutor subpoenas witnesses to come before a grand jury, they are likely doing it for one of two reason. One, they believe that the person in question has information about a crime that a third party committed and they want that information to secure an indictment against said third party. Two, they believe that the person they are calling as a witness has committed a crime and they want to develop evidence against them.
Grand juries can be complex and there are many issues the prosecution is not required to tell you. Read on to learn what your rights are and then contact Chambers Law Firm at 714-760-4088 for your free legal consultation with a criminal defense attorney.
You Have Fewer Rights Before a Grand Jury Than You May Realize
Many people have no idea that the prosecution can call a witness to a grand jury and then charge that witness with a crime. The police and prosecution do not have to tell the witness that they are a suspect. The police do not have to offer Miranda warnings as they would during an arrest. Unless immunity is specifically given, anything you say in a grand jury can be used against you.
This is one of the reasons to work with an attorney. We will confer with the prosecution to find out if you are a target or a witness in the investigation. If you are the target then we will negotiate with the prosecutor in an attempt to get a deal in which you agree to testify in exchange for immunity. You cannot refuse to testify before a grand jury but you can plead the fifth.
There Are Two Types of Immunity
If the prosecution offers immunity, it is important to understand what type of immunity they are offering. The first is transaction immunity, which means that the witness cannot be prosecuted for any crime related to the subject of their testimony. This is not as common as the other option: Use immunity. This refers to immunity against having their testimony used against them but they can still be prosecuted for the crimes discussed.
It is common for a prosecutor to give immunity to someone they consider a “small fish” when they are trying to get a “big fish.” For example, in a drug case, the prosecutor may offer immunity to someone caught with possession of drugs if they are willing to testify about the drug dealer they bought it from.
You Do Not Have the Right to an Attorney During a Grand Jury Testimony but We Can Help
Grand juries are closed and you are not entitled to have an attorney present. However, we can be there in a hallway nearby. If you are asked something you are not sure about, you can leave the room to consult with us. Call Chambers Law Firm now at 714-760-4088 to learn more.
