I am being investigated for felony eluding arrest in a motor vehicle. The case is going to the grand jury. Does my lawyer have a right to be present? Can I be present? What is the procedure? Does the DA present evidence and witnesses to the grand jury without my lawyer or me being present?

The grand jury process is secret and very one-sided. The prosecutor reviews the police file and then selects witnesses to testify and present evidence. The prosecutor does all the questioning. The case agent is often present. The grand jurors are allowed to ask questions. You are not even allowed to be told who these witnesses will be. In most cases, the person under investigation does not testify before the grand jury. However, if you are a witness before the grand jury, in a federal case, your lawyer will be allowed outside the grand jury room, in case you want to consult with him or her on before answering a particular question. This is done outside the presence of the grand jury. By contrast, in some state courts, the witness' lawyer is allowed to be present inside the grand jury room. After presenting the evidence and listening to the testimony, which is recorded so that you may obtain access to it during the motions portion of the case, the Prosecutor will present a list of charges to the grand jury for it to vote on. If the grand jury votes to indict you, they return what is called a "true bill." If they decline to indict you, they return a "no true bill." The grand jury's indictment is a statement that they found probable cause to believe you committed the crime presented to them. The next step is for you to go to court where the Indictment will be presented to you, you will be advised of your rights and another court date set. You will not get a preliminary hearing, however, because the function of a probable cause hearing is to determine whether probable cause exists to believe you committed a crime and if the grand jury has returned an Indictment, probably cause has already been found, making the p/h hearing moot. At either the first or second court hearing after the Indictment, you will be called upon to plead "guilty" or "not guilty." Around that time, you will receive the discovery in the case that lays out the case against you. Do not give up just because an Indictment's been returned. It's just the first step. Cases can be won after an Indictment is returned. Review the Indictment and any preliminary discovery you receive from the prosecutor with your lawyer. He or she is best equipped to advise you of your options and the probable outcome of each. An Indictment is just a charging paper. It is not evidence that you committed a crime. The trial jury, not the grand jury, decides your guilt, after hearing all of the evidence, not just the limited evidence the prosecutor decided to share with the grand jury. You will have many opportunities to challenge this evidence before and during trial.