McAllen Criminal Defense
Protect Your Rights with The McAllen Criminal Defense Lawyer
Experienced Criminal Defense Attorney in McAllen
The McAllen Criminal Defense Lawyer is dedicated to providing exceptional legal representation during the grand jury process. I understand the complexities of the legal system and I am well-equipped to assist you throughout this critical phase of your case. In this article, I will explain how a criminal defense lawyer can support you during the grand jury process and highlight essential Supreme Court case law pertaining to grand juries.
Understanding the Grand Jury Process:
The grand jury process is a crucial stage in the criminal justice system where a group of citizens is presented with evidence by the prosecution to determine whether there is probable cause to indict an individual for a crime. During this process, the defendant and their attorney are usually not present, and the proceedings are kept confidential. It is essential to have a skilled criminal defense lawyer by your side to protect your rights and ensure a fair evaluation of the evidence.
Role of a Criminal Defense Lawyer during the Grand Jury Process:
Legal Counsel: A criminal defense lawyer will provide you with expert legal advice, explaining the grand jury process, its implications, and your rights as a defendant. They will ensure that you fully understand the process and help alleviate any concerns or confusion.
Preparation: Your defense attorney will thoroughly review the evidence presented to the grand jury by the prosecution. They will identify any weaknesses, inconsistencies, or constitutional violations that may be present, and develop a strategic defense plan accordingly.
Presentation of Exculpatory Evidence: It is the responsibility of your defense lawyer to present any exculpatory evidence that may negate or cast doubt on your involvement in the alleged crime. This can include witness statements, expert opinions, or any other evidence supporting your innocence or lack of probable cause. You do not have a right to have your case presented to to a grand jury, but many jurisdictions do allow you to.
Protecting Your Constitutional Rights: A skilled defense lawyer will ensure that your constitutional rights, such as the right to remain silent, the right against self-incrimination, and the right to due process, are upheld during the grand jury process. They will safeguard your interests and prevent any potential violations.
Supreme Court Case Law and Grand Juries:
The Supreme Court has addressed various issues related to grand juries over the years, setting important precedents for defendants' rights. Some notable cases include:
United States v. Calandra (1974): The Supreme Court ruled that evidence obtained through an invalid search warrant could still be presented to a grand jury. However, the exclusionary rule could still be invoked during trial.
United States v. Williams (1992): The Court held that grand juries are not constitutionally required by the Fifth Amendment, and the prosecutor has substantial control over the proceedings.
Kaley v. United States (2014): The Court held that defendants do not have a right to challenge the grand jury's determination of probable cause before the indictment is issued.
These cases and others highlight the ongoing legal debates surrounding grand juries and the need for an experienced criminal defense lawyer to navigate this complex area of law.
Call the McAllen Criminal Defense Lawyer today for a free consultation if you are facing charges before a grand jury.