New York State Grand Jury Practice for Criminal Defense Attorneys
Created on September 28, 2020
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.
- Review the relevant statutes and case law related to New York State grand jury practice
- Effectively represent your client prior to the grand jury presentation
- Conduct a thorough investigation and make favorable witnesses/evidence known to the prosecutor
- Identify the theory of your case and request certain legal instructions are given to the grand jury
- Strategically communicate with the prosecutor to try to slow down the process or obtain a favorable pre-indictment plea offer
- Evaluate whether your the client should testify before the grand jury and prepare them effectively if they do
- Understand what to expect when you accompany clients during their testimony
- Decide what to do if an indictment is returned against your client
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