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New York State Grand Jury Practice for Criminal Defense Attorneys

Produced on September 28, 2020

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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Criminal

Course Description

In New York State, grand juries hear and examine evidence concerning criminal offenses and other misconduct and are charged with deciding on whether to return a written accusatory instrument known as an indictment. The secrecy surrounding the grand jury proceedings and the gravity of an indictment levied against one’s client can be intimidating. However, with proper preparation, thorough investigation, and a strategic approach to communications with the prosecutor, a criminal defense attorney can put their client in a position to avoid an indictment or criminal charges of any kind or otherwise resolve the matter favorably.

This course, presented by Andrew M. J. Bernstein, Leader of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations Practice, will cover the law governing grand juries, grand jury presentations by the prosecutor, and the intricacies and responsibilities of criminal defense attorneys representing defendants who will be or are considering appearing before a grand jury.

This program will benefit Criminal Court/District Court practitioners looking to expand their practice to include felony grand jury practice as well as experienced criminal defense attorneys looking to further strengthen their current grand jury practice.



Learning Objectives:

  1. Review the relevant statutes and case law related to New York State grand jury practice
  2. Effectively represent your client prior to the grand jury presentation
  3. Conduct a thorough investigation and make favorable witnesses/evidence known to the prosecutor
  4. Identify the theory of your case and request certain legal instructions are given to the grand jury
  5. Strategically communicate with the prosecutor to try to slow down the process or obtain a favorable pre-indictment plea offer
  6. Evaluate whether your the client should testify before the grand jury and prepare them effectively if they do
  7. Understand what to expect when you accompany clients during their testimony
  8. Decide what to do if an indictment is returned against your client 


Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Andrew Bernstein

Sichenzia Ross Ference LLP

Andrew M. J. Bernstein is a Partner and Leader of the White-Collar Defense and Investigations Practice at Sichenzia Ross Ference LLP, a full-service corporate, securities, and litigation law firm with offices in New York City and Israel.  

Andrew is a federal and state trial lawyer. His practice focuses on white-collar criminal defense, government and internal investigations, representing licensed professionals in misconduct and disciplinary proceedings, and advising corporations on regulatory matters and in commercial transactions. He has significant trial experience in both federal and state court and has tried cases involving allegations ranging from fraud, embezzlement, conspiracy, racketeering, and money laundering to murder and federal weapons possession. In addition to his trial and pre-trial litigation successes, Andrew has helped many clients under government investigation or subpoena avoid criminal charges and other sanctions altogether.

Andrew currently represents corporations across a broad spectrum of industries. His diverse individual clientele includes corporate officers, directors, members of the financial services industry as well as doctors, lawyers, artists and musicians. Andrew frequently represents individuals who are either the target of a grand jury investigation or have been served with a grand jury subpoena. Additionally, Andrew is a member of the Criminal Justice Act (CJA) Panels for both the Southern and Eastern Districts of New York, where he represents indigent criminal defendants charged in federal court.

Prior to joining Sichenzia Ross Ference LLP, Andrew was a founding member of a boutique litigation firm in New York City. Before entering private practice, Andrew began his legal career as a Trial Attorney at The Legal Aid Society’s Manhattan Criminal Defense Practice, where he represented over 1,500 indigent criminal defendants.

Andrew frequently lectures on all matters of criminal defense. He has been a faculty member of the New York State Bar Association’s Trial Academy held at Cornell Law School. In 2017, Andrew was selected by the New York State Bar Association to demonstrate a homicide summation to the Trial Academy students. Most recently, at the 2020 Virtual Trial Academy, he lectured on New York State Grand Jury Practice. For the past few years, Andrew has hosted a series of criminal defense CLEs in New York City entitled “Being Heard at Hearings,” which featured some of the top criminal defense practitioners in the metro area. Andrew has also guest lectured at Cardozo School of Law and Touro Law School and has previously served as a faculty member at The Legal Aid Society’s New Lawyer Training Program.

Bar Admissions:

New York State

US District Court for the Southern District of New York

US District Court for the Eastern District of New York





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