QUESTION

Is anyone required to inform you that you are being indicted at a Grand Jury hearing. Is it legal to indict a person without their knowledge or representation?

Asked on Mar 27th, 2000 on Criminal Law - Georgia
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Is anyone required to inform you that you are being indicted at a Grand Jury hearing. Is it legal to indict a person without their knowledge or representation?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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No, there is no requirement that you be advised ahead of time that an indictment is going to be returned against you. Grand jury proceedings are considered secret. In general terms, this means that the authorities are not allowed to reveal matters occuring before a grand jury. If you are a target (loosely defined as a person against whom the government has evidence of involvement in a crime for which she may be charged) or a subject of a grand jury investigation, the government may want to question you about your involvement in the crime under investigation. In that case, the U.S. Attorney's Manual requires federal prosecutors to advise you in writing of your right to counsel and to invoke your Fifth Amendment privilege against self-incrimination. If you think you are the target or subject of a grand jury investigation, you might consider retaining a lawyer to open communications with the prosecutor. Sometimes the prosecutor will confirm her intention to indict you, engage in plea negotiations before the indictment, or agree to a surrender instead of arrest when the indictment is returned. However, other times, prosecutors will request that the indictment be sealed by the Court until your arrest, to reduce the chance you will flee to avoid prosecution. Since a criminal indictment is a serious matter, seeking legal counsel at the earliest opportunity is a good idea.
Answered on Mar 27th, 2000 at 12:00 AM

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