Draft for you to change.
In New York, a felony case goes to trial only on an indictment voted by a grand jury, unless you choose to waive it. The grand jury hears the prosecutor's evidence in secret, without a judge, and decides whether there is enough to charge you.
How it works
- A grand jury has 16 to 23 citizens. At least 12 must agree to indict.
- The District Attorney presents witnesses and evidence and instructs the jurors on the law.
- The grand jury can indict, decline to indict (a "no true bill", which dismisses the charge), or direct the prosecutor to file lesser charges in a local court.
- If the grand jury declines to indict, the prosecutor may present the same charges again only with a court's permission (CPL 190.75).
Your right to testify
You have the right to tell the grand jury your side before it votes (CPL 190.50). We serve written notice on the District Attorney, you sign a waiver of immunity, and you testify under oath. Your lawyer sits with you in the room and can advise you, but cannot speak to the jurors.
Testifying is a serious decision. Everything you say is recorded and can be used at trial. We decide it with you after reviewing the evidence, and if you testify we prepare you thoroughly: the statement, the prosecutor's questions, and the jurors' questions.
What we do
- Serve notice on time, so the right is not lost.
- Decide with you whether to testify and whether to ask the grand jury to hear other witnesses.
- Prepare you, and any witnesses, in practice sessions at our office.
- After an indictment, review the grand jury minutes and move to dismiss or reduce the charges where the evidence or the instructions fell short.
Tom: photo to shoot: a practice session at the conference table, seen from behind, with a legal pad and a marked-up outline.
Results
In May 2025 a Steuben County grand jury declined to indict our client after he testified. Read the case and all past cases.
Prior results do not guarantee a similar outcome.