Legal Question in Criminal Law in New York
grand jury procedures
hello, i would like to know that if a case is brought before a grand jury and the states key witness does not make a appearance before the grand jury to testify in the matter that was brought before them by the state, and no indictment is held down for the lack of the witness not showing up. is the case then brought back to the local court where the alleged crime was comitted? and if so can a defendants lawyer than ask for a dismissal?
1 Answer from Attorneys
Re: grand jury procedures
I'm not sure how you'd know that the prosecutor has not obtained an indictment because of the failure of the "key" witness to testify. There are lesser included charges that could be presented to a grand jury without the "key" witness's testimony. Hoping for a dismissal is premature at this point.
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