Legal Question in Criminal Law in California

Re: Why not appear before a grand jury?

You have got to be kidding me. The defendant is going to be indicted, period. The defendant has nothing to gain from appearing. Anything the defendant says will be twisted around by the prosecution and used to prosecute. Let me be more specific. If the defendant gets up and says "My favorite flavor of ice cream is strawberry," this will be used to prosecute. Presenting so-called positive issues is something best done by one's own attorney (who is not allowed in the GJ room). Dig the crap out of your ears and listen to your attorney.

Re: Why not appear before a grand jury?

Appearing before a grand jury is not an opportunity to have a friendly chat with the jurors and tell them what you want them to know. If your friend goes she will be questioned under oath by the prosecutor, and she will not have her lawyer present to object when the prosecutor's questions are improper. Since the rules of evidence which apply in court do not apply before a grand jury, the prosecutor can ask her prety much anything he wants to. When the prosecutor is done your friend will be asked to leave; she will have little if any opportunity to make her own presentation.

There is a reason why the Fifth Amendment shields defendants from being compelled to testify against themselves, and there is a reason defense attorneys usually elect not to have their clients take the stand. The reason is that attorneys can often take perfectly innocent statements by the defendant and try to convince the jury that the statements show the defendant is actually guilty and/or that she is lying under oath. The problem is compounded where the rules of evidence don't apply and where the defendant's lawyer is not present.

There is a saying among lawyers that a prosecutor can get a grand jury to indict a ham sandwich if he wants to. It is very rare for a GJ not to indict someone the prosecutor asks them to indict, so there is not much chance your friend's appearance will make any difference in what the GJ does. However, her testimony very likely would help the prosecution put together a better case for trial. She should listen to her attorney.