I have met once (briefly) with my lawyer. We are meeting again sometime in the next two weeks. Doesn't my lawyer have the right to know what the evidence is and don't I have the right to know now that I have retained her? Everyone (within the court system) that I have called to try to learn about this pending (felony - criminal) case refuses to talk to me as it is brought about by the "Grand Jury" and all information has been "sealed."
2007-07-14 14:57:47 · 8 answers · asked by philisopheyes 3 in Politics & Government ➔ Law & Ethics
Doesn't really matter.
All the Grand Jury does is determine that there is sufficient evidence to proceed with having a trial. One of the reasons the proceedings are sealed is to ensure the integrity of that process.
Any evidence that would be used against you would need to be turned over during the discovery process anyway. Also, any exculpatory evidence (anything showing you might be innocent) must be turned over.
So, it doesn't really matter what was shown to the Grand Jury, because anything that could be used by either side must be shown to you as part of the criminal proceedings.
2007-07-14 15:12:48 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
No, the evidence is not disclosed (if it is at all) until after the grand jury votes on an indictment. After that the case moves on to the trial phase and your lawyer might be able to get that evidence through the discovery process.
2007-07-14 15:03:51 · answer #2 · answered by noble_savage 6 · 0⤊ 0⤋
You get the pertinent info at trial...once records are sealed by a grand jury they stay sealed...only until the prosecutor gives them to your attorney do you get them...and each state has rules as to which evidence a prosecutor must give up.
2007-07-14 15:02:23 · answer #3 · answered by Dr. Luv 5 · 0⤊ 0⤋
You have no right of access to any grand jury information until you are charged. Once you are charged, everything used to bring charges will be revealed to your attorney.
2007-07-14 15:12:03 · answer #4 · answered by mcmufin 6 · 0⤊ 0⤋
If it is sealed then prosecution nor defense can use it in your trial.
But yes both the prosecution and defense must share their "evidence" during the dissemination phase.
2007-07-14 15:03:58 · answer #5 · answered by Bill 3 · 0⤊ 0⤋
If its sealed that means exactly what the term says....sealed
2007-07-14 15:02:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
when I was facing felony charges my lawyer told me EVERYTHING.
2007-07-14 15:20:57 · answer #7 · answered by j r 2 · 0⤊ 0⤋
you can't
2007-07-14 15:00:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋