What Happens During the Grand Jury Proceeding
The Grand Jury is a secretive proceeding. The only individuals that are allowed to be present are the sworn Grand Jurors, the court reporter taking a stenographic recording of the Grand Jury testimony, the witness testifying and if the person testifying is an incarcerated inmate, the Court Officer(s) that are accompanying the inmate and the attorney who is representing the testifying witness, if an attorney has been retained. Other than these individuals, no one else is permitted to be present in the Grand Jury. During the Grand Jury presentment, the District Attorney’s Office will present evidence in the form of witness testimony, documentary evidence, audio and visual recordings, etc…. The purpose of the presentment is to allow the Grand Jurors to determine if there is reasonable cause to believe that a Felony was committed. Once the District Attorney’s evidence is completed, the Prosecution will vote the presentment. What that means essentially is that the Prosecution will now ask the Grand Jury to vote on whether it believes there is reasonable cause to believe a felony was committed. Remember, as stated above, a simple majority of 12 out of 23 Grand Jurors must vote to indict or the matter will be dismissed. The Grand Jury may dismiss all of the charges, some of the charges or may reduce the charges to less serious crimes. If all of the charges are dismissed, the case goes away with prejudice to the Prosecution. If there an indictment, your attorney will be notified and an arraignment date will be selected for you to be arraigned on the indictment. On the date of the arraignment, the indictment will be unsealed and the issue of bail may be revisited.
What is Grand Jury Immunity
In order to encourage witnesses to testify before the Grand Jury, the state of New York allows transactional immunity to witnesses. This means that anything that is said during the Grand Jury cannot be used against you in a later criminal case with some exceptions. The exception is that whatever you say, it must be responsive to the question being asked of you.
What is a Waiver of Grand Jury Immunity
If you or your witness(es) wish to testify before the Grand Jury, you will be required to waive immunity. Ordinarily, a witness before the Grand Jury receives transactional immunity. This means that nothing you say in your testimony can be used against you. However, if you are a target of the Grand Jury investigation, you are required to waive your right to receive immunity. And in many instances, the Prosecution will also require that certain witnesses waive immunity.
Exploring Luigi Vigliotti’s Professional Background and Educational Achievements
Luigi Vigliotti’s professional background and educational achievements speak to his commitment to excellence in the legal field. With years of experience as a defense lawyer and many cases in the Town of Brookhaven, Luigi Vigliotti has established himself as a go-to attorney for clients seeking comprehensive representation and guidance. Throughout his legal career, Luigi has remained dedicated to staying up-to-date on the latest legal developments and trends, ensuring that his clients receive the most effective and knowledgeable representation possible. He attended the prestigious Chaminade H.S. in Mineola, graduated Magna Cum Laude from the New York University College of Arts and Sciences and attended Hofstra Law School on Scholarship. Luigi spent three years as a New York State prosecutor under the Honorable Denis Dillon and opened his own practice in 2008 where he has been defending individuals and corporations. He speaks conversational Spanish and Italian.
Why You Might Need the Services of a Lawyer to Help You During Your Grand Jury Testimony
Let’s face it. Testifying before the Grand Jury can be downright nerve wracking. You may be terrified that something you say will hurt your or the individual for whom you are testifying. You may want to speak with an experienced attorney to represent you at the Grand Jury. Ideally, an experienced attorney can go over your testimony and prepare you for your testimony. This includes cross-examining you so that you know what kind of questions the Prosecution will be asking you. Luigi Vigliotti has a lot of experience with the Grand Jury. Consider calling us to assist you in your criminal matter or if you are simply a witness before the Grand Jury, we will prepare you for your Grand Jury testimony. It’s vital to seek the help of a lawyer like Luigi Vigliotti to protect your rights and ensure you’re treated fairly throughout the legal process.