Dalton, GA asked in Criminal Law for Georgia

Q: If cop lies to grand jury to secure indictment, and statement is a lie and I can prove it, can I Attack statement?

Cop lied to grand jury by stating that I ‘absconded’ But at the time I was not under arrest nor did I run, I turn myself in,I am not on probation or parole, so what was I absconding from?

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3 Lawyer Answers
Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Any statements to a Grand Jury are then re-litigate during the case. You will have your opportunity to impeach then.

Good luck and fight hard!

Josh

ChancoSchiffer.com

Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Discuss with your lawyer

Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A grand jury sits not to determine innocence or guilt, but to assess whether there is an adequate basis for bringing a criminal charge. Every witness before a grand jury shall be informed of his privilege against self-incrimination and right to counsel and shall be advised that false answers may result in perjury charges. The prosecutor should work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant. A defendant can impeach a witness testimony at trial by using authenticated grand jury testimony. A defendant should be given the opportunity to use the statement for impeachment, so long as the defendant could lay an appropriate foundation of time, place, person, and circumstance.

I hope this helps

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