Obtaining an indictment from a Federal Grand Jury?
Does the information presented to a Federal Grand Jury have to be correct in order to obtan an indictment? What happens if the information presented is clearly false and an indictment is handed down?
Answers:
Then it is taken to trial and your lawyer gets the chance to prove that it is false.
then the defendant presents his/her evidence and is found not guilty in trial
if you are truly innocent and tell the truth, 99.9% of the time you will be found not guilty by a jury of your peers
Just for reference though, Federal courts only issue indictments if they believe the defendant is guilty WAY beyond a reasonable doubt. For example, Michael Vick's dogfighting indictment came at least 5 years after the Feds started doing the initial investigation.
Nope! In fact grand juries hear no evidence that might help prove some one innocent. Grand Juries really just decide if they think there is enough evidence to go to a trail.
No, it doesn't have to be "correct." In the federal system, the prosecutor can present whatever it wants to the grand jury -- it does not have th eobligation to present exculpatory evidence.
Now, if there was proof that the prosecutor LIED, falsified evidence, or performed smiliar bad acts in order to get an indictment, I'm sure that the defendant's counsel wouldn't wait for a trial -- he would move to dismiss the indictment, report the prosecutor for unethical behavior, and seek sanctions.
(Of course, the problem is that grand jury testimony is secret, so unless someone squeals, it's hard to know what exactly was presented to them. But needless to say, if the information is _wrong_but not maliciously wrong, your only chance is to go to trial.
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Answers:
Then it is taken to trial and your lawyer gets the chance to prove that it is false.
then the defendant presents his/her evidence and is found not guilty in trial
if you are truly innocent and tell the truth, 99.9% of the time you will be found not guilty by a jury of your peers
Just for reference though, Federal courts only issue indictments if they believe the defendant is guilty WAY beyond a reasonable doubt. For example, Michael Vick's dogfighting indictment came at least 5 years after the Feds started doing the initial investigation.
Nope! In fact grand juries hear no evidence that might help prove some one innocent. Grand Juries really just decide if they think there is enough evidence to go to a trail.
No, it doesn't have to be "correct." In the federal system, the prosecutor can present whatever it wants to the grand jury -- it does not have th eobligation to present exculpatory evidence.
Now, if there was proof that the prosecutor LIED, falsified evidence, or performed smiliar bad acts in order to get an indictment, I'm sure that the defendant's counsel wouldn't wait for a trial -- he would move to dismiss the indictment, report the prosecutor for unethical behavior, and seek sanctions.
(Of course, the problem is that grand jury testimony is secret, so unless someone squeals, it's hard to know what exactly was presented to them. But needless to say, if the information is _wrong_but not maliciously wrong, your only chance is to go to trial.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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