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Grand juries can conduct investigations and can be empaneled by prosecutors seeking an indictment against a defendant. When a grand jury has been impaneled and/or is conducting an investigation, the grand jury has the authority to subpoena witnesses.
If you are asked to testify before a grand jury, you should be aware that you may actually be the target of an investigation and the prosecutor may be trying to build a case against you. You must understand your rights, and know how to take steps to protect yourself from being incriminated. Call a Las Vegas defense lawyer at LV Criminal Defense right away if you receive a subpoena so you can get help protecting your interests from a qualified and skilled legal professional.
According to Nevada Revised Statute 172.195, a grand jury has the power to issue subpoenas as subscribed either by the foreman of the grand jury or by a deputy or temporary foreman who is acting as the foreman. A grand jury can not only subpoena witnesses in the state to give testimony, but can also issue a subpoena for books, documents, and papers to be produced.
When a witness is subpoenaed by a grand jury, the grand jury must orally inform the witness regarding the general nature of the grand jury’s investigation and inquiry. The witness must receive this information before providing testimony. The statement that is made by the grand jury regarding the purpose of subpoenaing the witness must also be included in the transcript of the grand jury proceedings.
If you are subpoenaed by a prosecutor or by a grand jury, you should be aware that you will be questioned and expected to provide truthful answers. You should also be aware of the fact that prosecutors sometimes subpoena people to testify before a grand jury not to get information about a pending indictment of someone else, but to try to build a case against the person who has been called as a witness.
Anything that you say when testifying as a witness before a grand jury can be used against you if a prosecutor subsequently decides to move forward with a criminal case for an offense you allegedly committed. Despite the fact you could end up giving testimony that ends up incriminating you, you are not given a Miranda Warning before you are called to testify before a grand jury. You need to be aware of the possibility that you could find yourself facing charges if you say the wrong thing and give prosecutors evidence of a crime.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
It is very important that you are represented by an experienced attorney who will help to make sure you do not incriminate yourself or accidentally help a prosecutor to make a case against you. You are not allowed to have a lawyer with you in the room when you are answer questions before a grand jury. The only one who is permitted to have legal counsel with him during an appearance before a grand jury is the person who the prosecutor seeks to indict. However, you can bring a lawyer with you and your lawyer can wait in the hall where you can go to confer with him. When you are asked a question, you may wish to ask to talk with your lawyer each time before answering so you can protect your rights.
Mr. Nicholas Wooldridge can provide you with guidance and advice on protecting yourself from a criminal conviction. At LV Criminal Defense, we help you to understand what prosecutors are looking for when you are called as a witness, and we help you to prepare testimony so you don’t incriminate yourself. We can be there when you are questioned before a grand jury, and we can also help you to try to negotiate an immunity deal in exchange for providing testimony. Our goal is to make sure nothing you say helps a prosecutor to build a case that could lead to criminal charges or a conviction.
To learn more and to get help, contact LV Criminal Defense today to speak with a lawyer with experience representing witnesses in grand jury proceedings.
Powers and Duties of Grand Jury