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Legal question about Grand Jury hearings

Posted on 7/31/14 at 7:23 am
Posted by thekid
Anna, Tx
Member since May 2006
3937 posts
Posted on 7/31/14 at 7:23 am
Are Grand Jury hearings open to the public?
What about to people with a vested interest? Family of victim, witnesses?
This is in Texas, btw...
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18894 posts
Posted on 7/31/14 at 7:28 am to
Hell no. Totally closed. Witnesses can't even have an attorney with them in there. In fact, Grand Jury testimony is protected and you can be prosecuted for discussing it.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 7/31/14 at 7:50 am to
quote:

Posted by Message jbgleason Legal question about Grand Jury hearings Hell no. Totally closed. Witnesses can't even have an attorney with them in there. In fact, Grand Jury testimony is protected and you can be prosecuted for discussing it.


I think that's right with one twist. I think a witness who testifies can say anything he wants about what he told the Grand Jury.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18894 posts
Posted on 7/31/14 at 8:07 am to
There are exceptions but that is getting into the weeds. So, yes, you are correct...except when you aren't in this case. Haha.

As far as the OP goes though, he isn't going to roll down to the courthouse and sit in.
Posted by thekid
Anna, Tx
Member since May 2006
3937 posts
Posted on 7/31/14 at 8:16 am to
Thanks...
I'm assuming this means the family of the victim won't be allowed in unless called to testify?
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 7/31/14 at 8:16 am to
Wasn't trying to cut the cheese too fine on you, brother. Bottom line is he ain't getting in.

I mention it only because I had a guy appear before GJ. I'm not on the criminal side, and that's how it was explained to me by someone who was.

It's all good. Sorry for victim and family, though.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76173 posts
Posted on 7/31/14 at 8:28 am to
Don't worry, OP. the grand jury will indict. Its a rubber stamp pretty much.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 7/31/14 at 8:33 am to
quote:

I think that's right with one twist. I think a witness who testifies can say anything he wants about what he told the Grand Jury.


Correct (at least for the feds), the one and only person who can discuss grand jury testimony is the witness - but that's a bad idea unless you want to invite further scrutiny.

There's also a second small twist (at least for a federal grand jury) - you can't have your lawyer in the room with you but you can have him right outside and have the right to consult with him at any time.

Now, having said all that every state probably has their own twists and turns. If you've been subpoenaed to a grand jury and there is any chance at all you might have some exposure (meaning you aren't simply the custodian of records for something or an eyewitness to a crime), you need to be consulting with a criminal defense attorney.
Posted by thekid
Anna, Tx
Member since May 2006
3937 posts
Posted on 7/31/14 at 8:34 am to
I'm not worried about the indictment...I am concerned about how much of this stuff the victims family must be dragged through...
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 7/31/14 at 8:35 am to
quote:


I'm assuming this means the family of the victim won't be allowed in unless called to testify?


There will absolutely be no gallery of any sort - family of the victim or not - in the grand jury room.
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