Q: Can a GJ indictment be thrown out if all the evidence available at the time was not presented?
If evidence clearly suggesting innocence was not presented to the Grand Jury and was available at the time can you ask that the decision be thrown out and a new Grand Jury hearing be done? This is in Arizona, Maricopa County.
A: It is possible. At the Grand Jury not all evidence needs to be presented. However, if the evidence that was not presented was exculpatory, there will be a very good argument. I have won numerous grand jury remand motions on this issue. You should contact a criminal defense lawyer.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.