Grand Jury Testimony - Should the Defendant Testify?

Поділитися
Вставка
  • Опубліковано 22 гру 2024

КОМЕНТАРІ • 124

  • @darylhopkins9796
    @darylhopkins9796 7 місяців тому +1

    Could you do a video about the pros and cons of a trial by jury versus a judge trial.

  • @familykus4186
    @familykus4186 3 роки тому +4

    Finally a very rare information by the real professional.

    • @GustitisLaw
      @GustitisLaw  3 роки тому +2

      Thank you for your kind words.

  • @c33jaycarter15
    @c33jaycarter15 2 роки тому

    My brother is being falsely accused of murder. A witnessed described a person by name. And the murder weapon has another person's prints on it.
    Evidences that the person the witness described and the person who finger prints that were on the gun were talking to each other about the murder.... I'm confused

    • @GustitisLaw
      @GustitisLaw  2 роки тому +1

      A gun at MY house would have my fingerprints, my son's finger prints, and my wife's finger prints on the weapon. Finger prints do not prove WHEN the person touched the item, but only they touched the weapon at some previous time. The prosecutor must prove your brother killed the victim by direct or circumstantial evidence. What if your brother used gloves when handling the weapon, but someone else touched the weapon, as well. Can you see the lack of finger prints may, or may not, be an important issue? Talk to his defense attorney to get more insight into the case evidence and what it means.

  • @stevewikan3067
    @stevewikan3067 3 роки тому

    4 hours alongside a busy highway waiting after being stopped for a smoked out taillight at 1:30 on a sunny afternoon. Was made to wait approx 4 hrs for a drug alert canine. Asked several times if I could grab my phone and call an attorney and video the stop and was denied even though I was not under arrest. I did not ever give consent to search throughout the whole stop. For whatever reason local attorneys seem to think nothing is wrong with this stop. I am no lawyer, however there are so many blatant violations of my rights during this stop, one would and should expect any good lawyer worth his weight would file a motion to suppress any evidence found during the un consented search considering the stop should have taken no more than 15 minutes. Your opinion Mr. Gustitis?

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      Ask your criminal defense lawyer whether they believe the initial stop became unreasonable because of the delay caused by the wait for the drug dog.

  • @memphisboyntexas965
    @memphisboyntexas965 4 роки тому +2

    I understand these grand juries can and do hold these trials beyond the knowledge of the suspect. How do you find out if they don't tell you? If they don't tell you do you still have the right to show up? Lastly, if its a "no bill" but prosecutors continue to bring up and up again, do they have to notify you at any point or do I have to still jump through the hoops of finding out and finding out by myself?

    • @GustitisLaw
      @GustitisLaw  4 роки тому +5

      Grand jury proceedings are secret. They are not trials. They only serve one purpose . . . to determine whether there is probable cause that a crime has been committed. If a person is indicted by a grand jury, they will find out when the assigned court sends the person a notice for court. If a person is no billed, I doubt they would hear anything about it. The accused person should RARELY testify at a grand jury proceeding. When the person testifies, they give the prosecutor free discovery about the potential defenses. Once the prosecutor knows the defense, they can prepare for it. If a grand jury no bills a person, jeopardy DOES NOT attach. That means the prosecutor can present the case over and over to new grand juries until they get an indictment.

    • @Justjack613
      @Justjack613 2 роки тому +1

      @@GustitisLaw Which was my point. Can't you learn of the prosecutors strategy, especially when your being dragged thorugh it multiple times. That being said, if its a secret, how do you learn about it? I would want to be there even if I'm just in the public audience.

    • @NunYaO
      @NunYaO 14 днів тому

      ​@@GustitisLawdon't forget that charges disposed by prosecutorial dismissal w/o jeopardy can also be re-presented to grand juries, repeatedly if necessary, so long as it's done within the statutory term limit.

  • @scottherring9007
    @scottherring9007 2 роки тому

    Hi we have spoke before but my question is the law did a illegal search of my home without warrent but the arresting officer got kicked off narcotic due to drug use and got sent to rehab .I was arrested in Feb of 2019 I have a court appointed lawyer

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      Hopefully the appointed defense attorney has matters well in hand. Good luck.

  • @howlers616
    @howlers616 Рік тому

    If the defendant was notified of the Grand Jury not through subpoena would that nullify any ruling due to loss of privacy?

  • @ViHEN-l9p
    @ViHEN-l9p Рік тому

    How do I get the testimony from the officer at grandjury proceedings

    • @GustitisLaw
      @GustitisLaw  Рік тому

      I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case.

  • @jimcarter820
    @jimcarter820 4 роки тому

    I thought a Grand Jury was done in Secrecy and only the prosecutor, judge, grand jury, and the police who have the evidence are present? Does a suspect receive notice that he could be indicted?

    • @GustitisLaw
      @GustitisLaw  4 роки тому +1

      Some defendants are subpoenaed to the grand jury when their case is presented. But generally, I doubt that people are advised when their case will be presented. Usually the defense attorney would contact the prosecutor and determine whether the defendant can testify. The grand jury proceeding is secret. Only the prosecutor, grand jury, and witnesses would appear. But before deciding whether to testify, you MUST consult with a qualified criminal defense attorney about the risks and benefits.

    • @jimcarter820
      @jimcarter820 4 роки тому

      @@GustitisLaw yes sir, one more question. If a defendant is not subpoenaed, are they still granted a preliminary hearing?

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      @@jimcarter820 I do not work in a state that provides preliminary hearings. Consequently, I don’t know the answer to your question.

  • @josnow-tg2pg
    @josnow-tg2pg Рік тому

    Here in nova Scotia rcmp am way ask hard ?? When they speak to deaf how can they hand to call lawyer

    • @GustitisLaw
      @GustitisLaw  Рік тому

      I'm not sure what you are asking me.

    • @josnow-tg2pg
      @josnow-tg2pg Рік тому

      I I
      I am mean I am deaf they am way gave me hard time why that sorry

  • @623charles120
    @623charles120 3 роки тому

    If arrested .. and the officer let's you go. Tells you your court day will be sent to your mail..year passed, nothing yet.. does it mean case is scratch?

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      Not necessarily. The case can be filed any time within the statute of limitations.

    • @623charles120
      @623charles120 3 роки тому

      @@GustitisLaw can you do a video about similar situations..and scratches?

  • @erikas6874
    @erikas6874 2 роки тому

    If I ever should experience bad things in the US, Gustitis is my lawyer :)

  • @kathysalinas2367
    @kathysalinas2367 4 роки тому

    What do you mean by the Status of Prosecution

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      Where in the case are you? Pre-indictment, arraignment, pre-trial, jury trial?

  • @engineeringreality7878
    @engineeringreality7878 5 років тому

    How often do DAs try and re try after a no-bill?

    • @GustitisLaw
      @GustitisLaw  5 років тому +7

      As often as they want. Sometimes they never try for an indictment again. Other times they may repeatedly present the case to a grand jury until they get the indictment. Thanks for your question and for visiting the Channel!

  • @mthokomabaso1608
    @mthokomabaso1608 3 роки тому

    Can the witness testify on a case using Zoom/Facebook live...whn he fear for his/her life??

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      I don't know what the rules are in your jurisdiction. I would say Zoom is possible in certain situations. If this is a grand jury investigation, then Zoom is definitely appropriate.

  • @DesperadoTheTexasScratcher
    @DesperadoTheTexasScratcher 2 роки тому

    Since I know you’re a Texas attorney. Isn’t it true that for a felony case a grand jury waiver can be used instead of a grand jury?

    • @GustitisLaw
      @GustitisLaw  2 роки тому +1

      Yes, the accused must sign a waiver of indictment and file with the district clerk.

    • @DesperadoTheTexasScratcher
      @DesperadoTheTexasScratcher 2 роки тому +1

      @@GustitisLaw Thank you! I thought that was the case. Years ago I took a class of law practice and procedures that was taught by a Tarrant County judge. He went over that, but I wasn’t sure if that was still the case. As you know laws and procedures change all the time

  • @Parebear-82
    @Parebear-82 4 роки тому

    Will a potential defendant be notified if someone is testifying before the grand jury about them?

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      No, they will not. Grand jury testimony is secret.

  • @dontaewells1805
    @dontaewells1805 4 роки тому +1

    Question I been watching your videos non stop there addicting especially if you are in leagal trouble your awesome ! If I stated on record I wanted to testify at grand jury and my public defender never contacted me she claims she contacted a friend of mines to tell him
    But I was never informed they took case to grand jury and I was indicted . Wouldn’t this be considered me being abridged my right to grand jury ? I stated on record I wanted to go please contact me ASAP thanks

    • @GustitisLaw
      @GustitisLaw  4 роки тому +1

      A grand jury does not determine guilt or innocence. They only determine whether there is probable cause. Grand juries do not resolve factual disputes in the evidence, nor do they consider the admissibility of evidence. Consequently, I don't believe a person has a "right" to testify before a grand jury. They might be afforded the opportunity to appear, but like I explained in the video, testifying before a grand jury does not resolve your case because no jeopardy attaches. The prosecutor can keep presenting your case to as many grand juries as they want to get the indictment they seek. Your right to a grand jury indictment simply means the right to have a grand jury review the case for probable cause. I imagine your grand jury testimony would try to present contrary facts to those presented by the police. The grand jury is not in a position to resolve those factual disputes.

  • @Zamora9565
    @Zamora9565 4 роки тому

    Thank you Mr.Gastadas... I would like to work with you to learn from you.😇❤️

  • @edcoreas5388
    @edcoreas5388 4 роки тому

    Can you do a video on subpoena ?

    • @GustitisLaw
      @GustitisLaw  4 роки тому +1

      That is a great idea and I'll put it on my list. Thanks for the idea!

    • @DesperadoTheTexasScratcher
      @DesperadoTheTexasScratcher 2 роки тому

      I actually used to be a process server. I like this idea

  • @jojijojo3566
    @jojijojo3566 Рік тому

    Soooo I got a call today from the county DA assistant about my case going to a grand jury. It’s a sexual assault case am I am not sure of what will happen because my abuser fled the state. However, I did a title 9 hearing about the case and they ruled him responsible for sexual assault. But I don’t think it’s enough.

    • @GustitisLaw
      @GustitisLaw  Рік тому

      Unfortunately, life is unfair. Rarely do we get what we want and when we do get it we are, then, rarely satisfied.

    • @jojijojo3566
      @jojijojo3566 Рік тому

      @@GustitisLaw oh I know! I’m satisfied with what has happened already through my other hearings. I was just wondering what I could expect and my expectations are very low anyway because well…it’s Texas and this is a sa case 😅

  • @phyllischandler449
    @phyllischandler449 4 роки тому

    Do the jurists selected have to live in the same court jurisdiction as the crime committed??

    • @GustitisLaw
      @GustitisLaw  4 роки тому +1

      That is a matter of state law governing the formation of grand juries. Check your state law on criminal procedure. Thanks for your question!

  • @Justjack613
    @Justjack613 2 роки тому +1

    Can't it also be said that you learn a lot about the prosecutors case from a grand jury?

    • @GustitisLaw
      @GustitisLaw  2 роки тому +2

      Well, since grand jury investigations are secret, I doubt any strategic information could be obtained. Furthermore, rarely is GJ testimony recorded in anyway for the purpose of keeping it secret. Does that make sense?

    • @Justjack613
      @Justjack613 2 роки тому

      @@GustitisLaw Makes no sense, to me. Especially the secret part. Its so secret that I still dont understand how the accused becomes aware of it so that the choice to be there or not can be made. Thanks for the insight.

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      @@Justjack613 You are welcome. Sorry I could not be more helpful. But remember, the grand jury does not determine guilt but only probable cause. Even if your story completely contracted the cops, they can still indict you.

  • @machonsote918
    @machonsote918 8 місяців тому

    Can somebody answer this question that nobody seems to know the answer to?
    A person who is being considered for possible indictment by the Grand Jury: Does such person get notified about this?

  • @thuxta
    @thuxta 4 роки тому

    Nice color on this video. I like the close up too.

  • @kathysalinas2367
    @kathysalinas2367 4 роки тому

    Court Appointed Lawyer. Have to pay 25.00 a week. Haven't heard from him since. October 2019

    • @GustitisLaw
      @GustitisLaw  4 роки тому +2

      Why don’t you call the lawyer and find out what’s going on?

  • @simnf75
    @simnf75 Місяць тому

    If you were arrested with out Probable Cause for assault AND video of the incident shows YOU being harassed on your own property by the accuser AND the accuser made a statement to the police that directly and clearly contradict the video AND you told 911 the correct version of the incident. I think then you should testify to the grand jury

  • @exhaustguy
    @exhaustguy 3 роки тому +1

    If you are cop and have a DA in your pocket, then it can be in your advantage to testify. In Georgia cops used to be able to listen to all the GJ testimony and make a statement without being subject to cross examination. That law was changed in 2016.

    • @GustitisLaw
      @GustitisLaw  3 роки тому +1

      Since grand jury testimony does not place the accused at risk for conviction, I'm surprised there is a law in Georgia allowing for cross examination of grand jury witnesses.

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      Who can be cross-examined? Any witness who appears and testifies??

    • @exhaustguy
      @exhaustguy 2 роки тому

      @@GustitisLaw "Current Georgia law allows officers facing possible indictment to sit in the grand jury room for the entire process, hear all the evidence against them and make a closing statement at the end without facing cross examination from prosecutors or grand jurors." This was an AJC article from 2016 - that law has since been changed as I stated.

    • @GustitisLaw
      @GustitisLaw  2 роки тому +1

      @@exhaustguy I doubt this is available for private citizens. When the cops kill someone while on duty, it seems the law gives them a chance to defend their conduct without being indicted.

  • @teeque5320
    @teeque5320 4 роки тому +1

    watching this on 9/24/2020 trying to understand the shameful and disgusting failure of our justice system in the case of Breonna Taylor. Apparently, citizens do not deserve safety from the excessive (and lethal) police force even in the sanctity of their own bedroom in their own home! this system is a joke! a fucking joke!

    • @GustitisLaw
      @GustitisLaw  4 роки тому +2

      Can you please tell me where you obtained your facts to conclude Breonna Taylor's case was handled inappropriately? Did you get them from the media? Did you get them from a confidential source? Did you have access to the grand jury who heard evidence from live eye witnesses? I certainly appreciate your visit and your comment here. But before we form conclusions about anything, we need to know and understand all the facts. Not just the facts someone else has decided to provide us.

  • @EnergyHygienist9710
    @EnergyHygienist9710 2 роки тому

    After my friend won a case in a state court, And Firearms has been given back by the state judge.
    After the state dropped all charges. A task force officer and an ATF officer was clearly upset over the decision. They would not leave this man alone. Continued coming back to his home, and further brought in the feds for three more searches. The ATF Agent lied to a Grand Jury stating 2000 hemp plants were marijuana. Knowing they had been tested and were 0.03% THC. The ATF agent and task force officer vindictively kept pounding on my friend because he beat them at the state level court. My friend is now in a federal prison. He is a farmer. He’s no criminal. His freedom was stripped from him over those disguising themselves wearing colors yet clearly blood thirsty to get this man. With the major change being firearms. All of which was given back due to not being a threat to society. This man is a hunter, farmer and a man who helps all those around him.
    The same firearms that the state judge gave him back was later wholly used against him in federal court. This was vindictive on the ATF agent, task force and prosecuting attorneys behalf. His trial was the first in person after Covid pandemic. It was rushed. We have evidence that ATF officer lied and both ATF officer and Task Force maliciously invaded this man’s property.
    The state judge addressed the aggressiveness of the task force and said it must stop.
    Yet these brutal task force officers disguised as public servants to harm whom they chose.
    How can firearms given back by a state judge be used against this man later in a federal court?
    Can you help?

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      I cannot help. But an acquittal in state court does not double jeopardy the case in federal court. The feds can prosecute.

    • @EnergyHygienist9710
      @EnergyHygienist9710 2 роки тому

      @@GustitisLaw thank you for your reply. What about the ATF office lying to a grand jury?

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      @@EnergyHygienist9710 Since grand jury proceedings are secret, how were you able to determine the ATF officer was lying? Nevertheless, there is nothing we can do to stop someone from lying, all we can do is react to it.

    • @EnergyHygienist9710
      @EnergyHygienist9710 2 роки тому

      @@GustitisLaw react Or respond?

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      @@EnergyHygienist9710 Same thing. Don't do either without a defense lawyer to help.

  • @nelsonmartinez2420
    @nelsonmartinez2420 2 роки тому

    I know of a case that involves a psychotic woman that now for the second time has had this young man arrested !!!!!! He was attacked by her dog !! They didn’t take him to the hospital and he was bleeding refusely!! They charged him with about 5 chsrges !! After people made complaints in all the bogus charges they dropped most of them but they trying to sent him to jail for animal cruelty ! Due to the pit bull attack I g him and he had to defend himself by killing the dog!!! I am very confused I. How they trying to put this man I. Jail over defending himself by a dog that is known to kill

    • @GustitisLaw
      @GustitisLaw  2 роки тому

      I'm sorry, but I have no idea how to answer your question since I'm unfamiliar with the facts and circumstances involved. I do appreciate your visit, nevertheless.

  • @kathysalinas2367
    @kathysalinas2367 4 роки тому

    I've only had traffic tickets I know nothing about criminal laws. It's the same judge that handled my Custody Case. Had(3) different Lawyer's I paid he got a court appointed lawyer.. Baby Daddy came out on top w/out spending a dime out of his pocket

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      I'm sorry these issues did not work-out in your favor. Please keep trying and don't give-up the fight.

  • @kathysalinas2367
    @kathysalinas2367 3 роки тому

    Grand jury video/audio evidence

  • @ccnationnews5965
    @ccnationnews5965 2 роки тому

    What happens if a defendant testifies in front of a jury and all the sudden freaks out and lashes out at the jury and the prosecutor

    • @GustitisLaw
      @GustitisLaw  2 роки тому +1

      Then they probably get convicted.

  • @kathysalinas2367
    @kathysalinas2367 4 роки тому

    I was never in a car that got pulled over or caught with anything

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      What are the allegations against you?

    • @kathysalinas2367
      @kathysalinas2367 4 роки тому

      I was arrested on September 5, 2019.. Charged with the offence of Man Del CS PG1=

    • @kathysalinas2367
      @kathysalinas2367 4 роки тому

      481.112(a),(c) Health and Safety Code

    • @kathysalinas2367
      @kathysalinas2367 4 роки тому

      Arraighnment set for October 28, 2019
      Pretrial set for November 19, 2019
      Trial On The Merits set for January 21, 2018

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      @@kathysalinas2367 Do you have a defense attorney representing you? The prosecutor must prove it was YOU who delivered the drugs, not someone else. Do you know who the witnesses are? Are you remaining totally silent about this case?

  • @kathysalinas2367
    @kathysalinas2367 4 роки тому +1

    I was indicted for grand jury for manufacturing and delivery that apparently happen in December 2018 by a female with a criminal background. I do not have criminal back ground and month's before my arrest I also had received a call from a man that wanted me to SNITCH and if I didn't he would have a warrant for my arrest

    • @GustitisLaw
      @GustitisLaw  4 роки тому

      What is the status of the prosecution? Do you have a defense lawyer working for you?

  • @invisableobserver
    @invisableobserver 3 роки тому

    if it is a violent crime case such as assault, rape, etc. then the defendant should never be allowed to speak or influence the grand jury, only the victim should be allowed, especially if the victim is a child, elderly or disabled, Too many guilty hate criminals are set free to commit more violent crimes because of lazy detectives, and corrupt officials & greedy attorneys.

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      The defendant can testify to the grand jury, if they wish. That is usually a mistake, however. Remember the grand jury does not determine guilt or innocence. Only probable cause.

  • @robertdean6222
    @robertdean6222 3 роки тому

    I am being investigated by the attorney general. I plan on testifying (if I am even able to ) because I did nothing wrong and have been wrongly accused. My record as a landlord is impeccable and because of two rotten apples I must defend my good character.
    These two people took advantage of a opportunity to retailiate because they think they are in fact above the law and think It does not pertain to them. It’s a shame this type of caliber of people have the rights that they in fact have.

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      Please consult with a lawyer with the appropriate experience and training to help you navigate this process. I am thankful for your visit and your comment.

    • @robertdean6222
      @robertdean6222 3 роки тому

      Why hire a lawyer that will empty my pockets ?
      Defense teams are not even allowed to be present at the deposition as you are fully aware. I don’t need anyone to coach me on something I already know.
      I plan on writing the Attorney General next week and telling her I want to be present at the hearing . They can or cannot honor my wishes. I don’t need a lawyer to empty my pockets to do that.

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      @@robertdean6222 Then go it alone. Good luck.

    • @robertdean6222
      @robertdean6222 3 роки тому

      @@GustitisLaw
      I will thank you

  • @LOTVC100436
    @LOTVC100436 3 роки тому

    He'll just lie his way through every question so why waste our time and send him off to prison.

    • @GustitisLaw
      @GustitisLaw  3 роки тому

      Fortunately, that's not how our system is designed. The state always bears the burden of proving guilt beyond a reasonable doubt. That must happen before anyone can be convicted and sent to prison.

  • @howardjones2021
    @howardjones2021 Рік тому

    The more I hear about the Grand Jury system, the more I am opposed to it Prosecutors presenting one sided info to a legally illiterate group of citizens is a horrible way to generate an indictment.

    • @GustitisLaw
      @GustitisLaw  Рік тому

      That may certainly be true. However, grand juries do reject cases presented for indictment. Remember, their job is ONLY to determine probable cause, nothing else.

    • @howardjones2021
      @howardjones2021 Рік тому

      @@GustitisLaw The prosecutors should be requiredto present all exculpatory evidence.

  • @NeuroScientician
    @NeuroScientician 4 роки тому

    Isn't Grand Jury a pointless institution?

    • @GustitisLaw
      @GustitisLaw  4 роки тому +3

      That's a great question. The grand jury was designed to be a buffer between the government and the people to protect the people from prosecutors who who charge them based on insufficient evidence. Nowadays, grand juries tend to rubber-stamp the charges prosecutors bring to them. Also, a prosecutor can present charges to as many different grand juries they want to until an indictment is handed down. A pointless institution? Well, since grand juries still refuse to indict some people and prosecutors still use the grand jury system to cover their asses when they don't like a weak case, I would say it still possess some utility. Thanks for the question.

    • @juliorosario1499
      @juliorosario1499 2 роки тому

      Can the grand jury indict you for a burglary if there is no physical evidence of the stolen property but you are on camera with a garbage bag coming out the apt ?