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?
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
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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