11 Oct I was just charged with a felony, should I testify in grand jury?
I can’t give you that answer. The answer could be yes, the answer could be no. Few things, one you can only testify in a grand jury on felonies. You can’t testify on a grand jury on Mr. Minner. Now should you testify in front of a grand jury, it depends. If you have a rock alibi, let’s just say that you have a video showing that you were in New Jersey and the crime occur in New York, absolutely because the fact that you have nothing to lose.
Your stories not gonna change, however if you’re not gonna add anything to the case, for instance you just wanna get up in front of the grand juries and you wanna say I swear, I didn’t do it but you’re not adding anything, you’re not giving any facts why the jury should believe you. In that particular instance I would suggest that you don’t testify because if you testify in the grand jury in that instance, what’s going to happen is that you’re gonna lock yourself into a story and if you decide to testify at your real trial, you can’t deviate from that story because when you testify in a grand jury, you picked your right hand and you swear under penalty of perjury that you are telling the truth, the whole truth and nothing but the truth, so basically if you decide to perjure yourself, so if you decide to tell a story to the grand jury and then you change your mind, the district attorney is going to be using that inconsistency from your grand jury at your trial.
So generally in that particular instance I would that you don’t testify in a grand jury but what I suggest you really do is to speak with a skilled criminal defense attorney like myself and I will evaluate whether or not you should testify in your individual case.
This is a transcription of an interview with James Medows.