Making the Decision to Testify Before a Grand Jury

When you are faced with the looming threat of a grand jury investigation, you may feel pressure to testify and get your story out there. Your Sacramento criminal defense attorney will advise you that this is generally not a good idea, as prosecutors will be well-prepared, and you will not have your attorney standing by to object to unfair questions and badgering. Anything you say in the grand jury room can and will be used against you, just like anything you said subsequent to your arrest.

There may be some circumstances where it makes sense for you to testify, however. For simple “street” crimes such as assault, it may be helpful for you to testify as to a single issue, if the case depends on who struck first or what your intent was when the crime took place. It may also be useful if the prosecution has a strong case against you and you are unable to rebut their evidence and witnesses; you may find it necessary to testify as to your own actions and intent in order to put what happened according to the prosecution in a different context that explains it. Since you will generally not have a good idea of the prosecution’s evidence before the hearing, you must rely on your attorney to investigate the incident and speak to witnesses and the police, and try to find independent sources and uninvolved bystanders who can corroborate your story.

If you have more questions about whether to testify before a grand jury, contact Sacramento criminal defense attorney Param Pabla.