Legal Question in Criminal Law in New Mexico

Re: grand jury indictment

No, it is not true. You are entitled to have a lawyer present OUTSIDE the grand jury room, and to consult with him/her any time you wish and as many times as you wish. A criminal defendant should almost NEVER testify before a grand jury, with or without a lawyer, with VERY few exceptions. All of this should be discussed with a competent criminal defense lawyer before one considers testifying before a grand jury. A defendant has a 5th Amendment right not to testify, and usually should exercise that right.