How long does the grand jury have to indict someone in NY?
The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track.
Can grand jury testimony be used to impeach?
Impeachment. When a witness’ statement would otherwise be inadmissible due to the hearsay rule, the prosecutor or defendant’s lawyer may be able to get such information in through impeachment rather than through the direct case against the defendant.
Do grand juries have to be unanimous in New York?
Decisions do not have to be unanimous for an indictment. However, there must be at least twelve votes in favor of an indictment. The grand jury consists of twenty-three jurors. In New York State no grand jury can conduct business unless sixteen of the grand jurors be present.
How does a grand jury work in NY?
A grand jury in New York State consists of no less than 16 sitting jurors and no more than 23. Grand jurors are an arm of the Court and are drawn from the same pool of potential jurors as are any other jury panel, and in the same manner.
Which type of cases are presented to a grand jury?
A grand jury is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial.
Does grand jury testimony violate the Confrontation Clause?
In addition to the hearsay issue, a potential violation of the sixth amendment Confrontation Clause exists when courts admit grand jury testimony of a declarant who is unavailable to testify at trial. The Con- frontation Clause guarantees defendants the right to cross-examine their accusers at trial.
What does minutes of testimony mean?
a. Contents. A minute of evidence shall consist of a notice in writing stating the name and occupation of the witness upon whose testimony the indictment is found, and a full and fair statement of the witness’ testimony before the grand jury and a full and fair statement of additional expected testimony at trial.
How are grand juries selected?
Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. Thus, all citizens have an equal opportunity and obligation to serve.
Why does a case go to the grand jury New York?
Grand Jury Basics In New York, a felony case must be presented to the grand jury unless the defendant specifically waives this requirement. In some jurisdictions, this is called an “SCI waiver,” in which a defendant is then charged by a superior court information, rather than an indictment.