“I have your back”
If you are charged with felony DWI and have refused a plea offer, the District Attorney (also known as the prosecutor) will present your case to a Grand Jury. In that presentation, the prosecutor may call witnesses and present evidence. She needs to show the Grand Jury reasonable cause to believe you committed the crimes as charged if she wants to move the case forward to trial. You and I are not allowed to attend the Grand Jury proceedings unless you testify, and then we are only allowed to attend during your testimony.
I very rarely advise my clients to testify. Even when they are innocent, it is very difficult to tell your side of the story when your lawyer cannot speak. If you do choose to testify, only the prosecutor can ask you questions. Although I can attend your testimony, I cannot object, or ask you questions.
The defense can ask the prosecutor to call witnesses, and and we can ask the prosecutor to tell the Grand Jury what we expect their testimony to be. That way, if you have an alibi, the prosecutor either needs to explain that to the Grand Jury or put on a witness who could clear your name.
If you have received a letter from the District Attorney, notifying you of a Grand Jury date, contact your lawyer immediately. There are strict limits on the time periods during which the defense can notify the prosecution of your desire to testify, or of a request to call witnesses other than you, the defendant.
Our phone number is (585) 485-0025. Call today.