Should a Target Testify Before a Grand Jury in Indiana?
While the use of grand juries is not common in bringing criminal charges in Indiana, they provide an opportunity for the State to gather evidence and test the potential strength of a case. The prosecutor may serve a subpoena on a suspect or “target” to testify before the grand jury. If you are served with a subpoena to testify as a target, it may be tempting to tell your side of the story. However, you should resist that urge. When a target testifies at a grand jury proceeding, the individual is subject to questioning by the prosecutor. This provides the State with an opportunity to elicit testimony and evidence that could be used against you.
How Can a Criminal Defense Attorney Defend Me in Grand Jury Proceedings? If you are the target in a grand jury proceeding, the State is seeking to indict you on criminal charges. Under Indiana law, you have the right to remain silent. A criminal defense attorney can assert your right to remain silent by filing what’s called a “Motion to Quash” on your behalf. The motion will request that the judge issue an order to essentially void the subpoena. Indiana law states the judge shall grant the Motion to Quash unless the prosecutor offers immunity. Early Representation is Critical in a Criminal Case If you are a suspect in a criminal investigation, it is critical to retain an experienced criminal defense attorney immediately. If you are served with a subpoena to testify before a grand jury, you should not show up to court alone. Indiana law guarantees you the right to remain silent. Waiving that right could put you in greater risk from criminal charges. With offices in Lafayette and Fort Wayne, the attorneys at Gibson Law Office represent clients statewide. If you are the target of a Grand Jury investigation, call us today at 855-9-GIBSON. We can help protect your rights.