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State and Federal Grand Jury
If you are testifying before a Federal Grand Jury you do not have the right to have a lawyer in the Grand Jury room with you. In Federal Court, only the witness, the prosecutor, a court reporter and the members of the Grand Jury are allowed to be present during Grand Jury testimony.
In Massachusetts, almost all Superior Court prosecutions begin if an individual has been indicted by a Grand Jury. Grand Juries are comprised of individuals just like you and me who sit in a room at the courthouse and hear evidence about a case presented by the prosecutor. Unlike the Federal Grand Jury, an attorney is allowed to appear with his client before the state Grand Jury. However, the attorney is not allowed to ask any questions or participate in the prosecutor’s presentation of evidence to the Grand Jury.
If you have received a summons to appear before a Federal or State Grand Jury you should immediately contact Andover grand jury lawyer Neil F. Faigel. Attorney Faigel has over 30 years of experience representing individuals summoned to appear before both State and Federal Grand Juries. The fact that lawyers are not able to question their client when they testify before the Grand Jury is not the end of the world. This does not mean that Attorney Faigel has no role in protecting a client’s interests when the client receives a subpoena to testify before a Federal or State Grand Jury. To the contrary, Attorney Faigel can play a critical role in helping his client prepare for his appearance before the Grand Jury. For example, Attorney Faigel regularly seeks to discuss with the prosecutor exactly what topic the prosecutor expects to cover in the Grand Jury. Using that information, Attorney Faigel is able to help his client refresh his memory and best prepare for his appearance before the Grand Jury.
Many times, Attorney Faigel has been able to help a client avoid testifying before the Grand Jury altogether. In some instances, a prosecutor will agree to interview a witness informally (known as a proffer) instead of appearing before the Grand Jury.
Other times, Andover grand jury lawyer Neil Faigel might be able to convince the prosecutor to excuse a client’s appearance before the Grand Jury based upon the fact that his client will refuse to answer any question put to him and invoke his right not to incriminate himself.
If you have received a subpoena to appear before a Federal or State Grand Jury, it is important that you have a qualified, experienced lawyer handling the matter. Andover grand jury attorney Neil F. Faigel welcomes you to call him for a free initial consultation to discuss your case. Attorney Faigel will provide you with the attention, care and aggressive defense you will need in order to best comply with the subpoena to appear before a Federal or State Grand Jury. Contact him today for a free initial consultation and let him get to work as quickly as possible.