Indicted by a Grand Jury? Your Case May Still Be Dismissed

 Posted on December 13, 2019 in Indictment

So, a grand jury has convened and determined that there is enough to indict you. It looks like you are headed to a federal criminal trial and there is no hope for anything else to happen. While it may seem that way, that is not always the case. At this point, you must speak to a federal criminal defense attorney. A federal attorney can advise you on the many options you still have, including those below that could have your case dismissed.

Biased Jury

Under the Fifth Amendment, you have the right to an independent, informed, and unbiased jury. If for any reason, your attorney feels as though the jury was prejudiced in any way, this is a reason for dismissal. For example, if your case is high profile in the area the grand jury was convened in, and the jury was not sequestered, this is enough reason to have your case dismissed.

An Abundant Reliance on Hearsay

Unlike in federal court, when a grand jury hears the evidence of a case, hearsay is allowed. Hearsay is any evidence that a witness did not see or hear on their own but rather, was told about by a third party. Although hearsay is allowed, federal prosecutors are not allowed to present that evidence as 100 percent reliable because it will not be allowed in the actual trial. If the prosecutor did this with hearsay evidence, your case may be dismissed.

Failure to Disclose False Statements

There is a chance that the grand jury will hear false statements. When these statements are made and the federal prosecutor does nothing to inform the grand jury that they are false, the grand jury may choose to indict based on those false statements. In these instances, a federal criminal defense attorney can get your case dismissed based on that fact alone.

Failure to Present Exculpatory Evidence

Exculpatory evidence is evidence that proves you are not guilty. The federal prosecutor can bring forward evidence that helps prove their case. However, they must also bring forward exculpatory evidence. This is the only way the grand jury can make a fair and informed decision as to whether or not they should decide to indict. When the prosecution fails to present this exculpatory evidence along with any evidence that could help there case, this is another reason your case may be dismissed.

An Illinois Federal Criminal Defense Lawyer Will Help Every Step of the Way

Facing federal criminal charges seems like a hopeless situation. It is important to remember that when you are working with the right skilled Chicago federal criminal defense attorney, it is not. At the Law Offices of Hal M. Garfinkel, our attorney knows the many ways to help you beat the charges. He has the experience necessary to fight for you every step of the way and will exhaust all options to help you retain your freedom. Call us today at 312-629-0669 for your free consultation to schedule a meeting with our experienced attorney and to learn more about how he can help with your case.

Source:

https://www.law.cornell.edu/wex/fifth_amendment