Guilderland, NY Criminal Defense Law Firms & Lawyers

If you are a target of a grand jury investigation, you cannot be compelled to be a witness against yourself. While every case is different, generally, it is preferable that a target not testify at a grand jury proceeding. Grand jury proceedings are one-sided. The government is represented by a prosecutor who will be presenting witnesses and perhaps documentary or physical evidence against you. If you testify, it will be the prosecutor, not your lawyer, who asks you questions. If you are in the federal system, your lawyer will not be allowed inside the grand jury room with you. In some state courts, your lawyer is allowed in the room with you but cannot ask you questions or cross-examine other witnesses. There is an old saying that a grand jury can indict a ham sandwich. That is how easy it is for a prosecutor to get an indictment--they present the witnesses and evidence in a one sided proceeding where you are not allowed to present a defense. The grand jurors are allowed to ask you questions. The prosecutor then tells the grand jury what laws he or she thinks the target violated. The grand jury then votes. Anything you say before the grand jury, even without a lawyer, can be used against you. Given this type of environment, testifying on your own behalf is a risky proposition. Also, not many people are able to talk themselves out of being indicted. My recommendation would be for you to retain counsel now, before being indicted. You should review the facts of your case with your lawyer, who can specifically advise you whether testifying is in your best interest. Your lawyer can stay abreast of the grand jury proceedings, communicate with the prosecutor, retain a private investigator or forensic expert on your behalf if needed, and if you are later charged with a crime, defend you in court. Bottom line: Rarely is it beneficial for a potential defendant to testify before the grand jury investigating his or her case. But, there are exceptions, so talk it over with an experienced criminal defense lawyer in your jurisdiction before deciding.

Technically the parole violator has a right to an extradition hearing. If he waives extradition proceedings, I think they have to get him within 30 days unless good cause is shown for an extension.

It depends on the circumstances. If a person at the residence gives permission, the police can search. If the police are in hot pursuit of the person, they can search. If something such as drugs or a gun are in plain view, the police can search. You should consult a local attorney to identify the circumstances. DOC