Legal Question in Criminal Law in Mississippi

In Mississippi can the defense attorney present documents to the grand jury?


Asked on 3/01/11, 9:06 am

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

NO. THE DEFENDANT'S ATTORNEY IS NOT ALLOWED INSIDE THE GRAND JURY ROOM. HOWEVER, HE CAN STAND OUTSIDE WHILE THE DEFENDANT GOES IN AND COMES OUT TO CONSULT BEFORE ANSWERING ANY QUESTIONS. THIS CAN BE DONE WHEN THE DA CONSENTS TO ALLOW THE DEFENDANT TO TESTIFY AND THEN ONLY IN A LIMITED NUMBER OF CASES AND THIS STILL PRESUMES THAT THE DEFENDANT IS EVEN ADVISED OF THE TIME AND PLACE THE GRAND JURY WILL BE CONSIDERING THAT CASE. SO IN THOSE INSTANCES IT WOULD FALL UPON THE DEFENDANT TO PRESENT THE DOCUMENTS TO THE GRAND JURY. BEWARE THOUGH THAT THERE IS AN OLD SAYING THAT THE "GRAND JURY COULD INDICT A HAM SANDWICH" AND IT IS ENTIRELY POSSIBLE FOR THE DEFENDANT TO MAKE THE EFFORT BUT THE PROSECUTOR WILL THEN BE ABLE TO ADVISE THE GRAND JURY TO SIMPLY IGNORE ALL TESTIMONY AS PROBABLY BEING FALSE, OR FOR SOME OTHER PRETENTIOUS REASON, AND THEN STILL OBTAIN THE INDICTMENT AFTER HAVING REVEALED THE BASIS OF THE DEFENSE WHICH WOULD BE PRESENTED TO THE PETIT JURY.

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Answered on 4/03/11, 5:05 pm


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