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Your Rights In Front of Grand Jury | Houston Criminal Law

Dan Cogdell | 1031 Views | 09/09/2015

Dan Cogdell

Your being investigated for a crime and you learn that there’s a grand jury in session that’s investigating your case. Hello, my name is Dan Cogdell. I’m a criminal defense lawyer here in the state of Texas. I’ve been practicing criminal defense work for approximately 32 years in the state of Texas here in the city of Houston.

What is a Grand Jury?

Let’s talk about first the historical purpose of a grand jury. Constitutionally and historically speaking a grand jury is suppose to act as a shield between an overzealous prosecutor and an innocent defendant. Practically speaking, however we’ve strayed a long way from what the constitutional purpose of a grand jury is. Usually speaking it’s not hyperbole to say that a grand jury can be nothing more or nothing less than a rubber stamp for the prosecution.

The Rights You Don’t Have

Let’s look at the rights that you have or more effectively the rights that you don’t have in front of the grand jury.

Grand Jury Proceedings are Secret

The first right that you don’t have is to know even that the grand jury is in session grand jury proceedings by their nature are secret in the state or the federal government is in no obligation to inform you if you’re the target of or even the focus of a grand jury.

Appearing Before the Grand Jury

The second thing you do not have a right to do is appear in front of that grand jury. You do not have a right to show up and knock on the door of the grand jury and explain your side of the process to them.

Knowing Witness Testimony

The third right that you do not have in front of the grand jury is to know what other witnesses have testified. Not only do you not have a right to know who testified you don’t have a right to know what even they said unless that same person who testified in front of the grand jury is either A, called to your trial or B, that person says something exculpatory which means favorable or helpful to your case against you.

Presenting Witnesses

The next right that you do not have, you do not have the right to present your own witnesses in front of the grand jury. We cannot as your lawyer knock on that grand jury door and say, “But wait a minute Mr. Grand jury foreman we’ve got these five witnesses out here who will testify contrary to what those other four witnesses that we didn’t get to hear about testified to.” I’m telling you all this not to trivialize the importance of the history of the grand jury but simply to emphasize to you the point that grand jury rights at least from the citizen accused standpoint are very, very small. There can be, don’t get me wrong there can be an occasional case where we present a packet to a grand jury or we might with the prosecutors consent proffer witnesses or present witnesses to testify. But know that generally speaking your rights in front of a grand jury are fairly limited and generally speaking if a prosecutor wants to get an indictment they can.

Conclusion

It doesn’t mean that you shouldn’t hire a lawyer that doesn’t understand the grand jury process, that won’t maximize whatever opportunities or possibilities that a grand jury might present. But the general rule is a grand jury is not a process that’s fair, that’s open and that’s two sided. It’s closed, it’s secret and it’s one sided.

If you have questions about the grand jury process, if you want to know what rights you do have, if you want to know what the best thing you should do or not do in terms of contacting the grand jury  or the prosecutor, call me. My name is Dan Cogdell, I’m here to help you. Thank you.

By: Dan Cogdell

Your Rights In Front of Grand Jury | Houston Criminal Law

Dan Cogdell

Your being investigated for a crime and you learn that there’s a grand jury in session that’s investigating your case. Hello, my name is Dan Cogdell. I’m a criminal defense lawyer here in the state of Texas. I’ve been practicing criminal defense work for approximately 32 years in the state of Texas here in the city of Houston.

What is a Grand Jury?

Let’s talk about first the historical purpose of a grand jury. Constitutionally and historically speaking a grand jury is suppose to act as a shield between an overzealous prosecutor and an innocent defendant. Practically speaking, however we’ve strayed a long way from what the constitutional purpose of a grand jury is. Usually speaking it’s not hyperbole to say that a grand jury can be nothing more or nothing less than a rubber stamp for the prosecution.

The Rights You Don’t Have

Let’s look at the rights that you have or more effectively the rights that you don’t have in front of the grand jury.

Grand Jury Proceedings are Secret

The first right that you don’t have is to know even that the grand jury is in session grand jury proceedings by their nature are secret in the state or the federal government is in no obligation to inform you if you’re the target of or even the focus of a grand jury.

Appearing Before the Grand Jury

The second thing you do not have a right to do is appear in front of that grand jury. You do not have a right to show up and knock on the door of the grand jury and explain your side of the process to them.

Knowing Witness Testimony

The third right that you do not have in front of the grand jury is to know what other witnesses have testified. Not only do you not have a right to know who testified you don’t have a right to know what even they said unless that same person who testified in front of the grand jury is either A, called to your trial or B, that person says something exculpatory which means favorable or helpful to your case against you.

Presenting Witnesses

The next right that you do not have, you do not have the right to present your own witnesses in front of the grand jury. We cannot as your lawyer knock on that grand jury door and say, “But wait a minute Mr. Grand jury foreman we’ve got these five witnesses out here who will testify contrary to what those other four witnesses that we didn’t get to hear about testified to.” I’m telling you all this not to trivialize the importance of the history of the grand jury but simply to emphasize to you the point that grand jury rights at least from the citizen accused standpoint are very, very small. There can be, don’t get me wrong there can be an occasional case where we present a packet to a grand jury or we might with the prosecutors consent proffer witnesses or present witnesses to testify. But know that generally speaking your rights in front of a grand jury are fairly limited and generally speaking if a prosecutor wants to get an indictment they can.

Conclusion

It doesn’t mean that you shouldn’t hire a lawyer that doesn’t understand the grand jury process, that won’t maximize whatever opportunities or possibilities that a grand jury might present. But the general rule is a grand jury is not a process that’s fair, that’s open and that’s two sided. It’s closed, it’s secret and it’s one sided.

If you have questions about the grand jury process, if you want to know what rights you do have, if you want to know what the best thing you should do or not do in terms of contacting the grand jury  or the prosecutor, call me. My name is Dan Cogdell, I’m here to help you. Thank you.

By: Dan Cogdell