Q: Victim file false police report
Hello so we hired a attorney and for the case we are wanting to present a grand jury package to the grand jury to favor in a no bill. But are lawyers are suggesting we do something called a examination trail instead can you tell me what that is ? And isn’t it done after indictment? The defendant has not been indicted yet would the grand jury package favor more than the examination trail ?
There's no legal reason why you can't do both. There are, however, very practical reasons that should be taken into account. First, you have paid an attorney to represent you. That lawyer is in the best possible position to decide what to do with your case. Most criminal cases are charged by using a flat fee. That is, you're not paying your lawyer for everything she does (according to the time it takes to do it) and she has to decide what is the most likely to do you some good without wasting the time she has mentally calculated your case is likely to require.
Examining (not "examination") trials take around 15-20 minutes in court and are easy to prepare for and take very little effort on the part of an experienced criminal lawyer. Problem is the State doesn't necessarily have to bring the witness(es) you would like to question to testify at the examining trial. In the past, examining trials were very useful in gathering discovery which the defendant would not usually get until the actual trial itself. Things have changed dramatically in recent years and now the defendant gets discovery of the State's case soon after indictment, so examining trials often are a waste of valuable time. By the way, examining trials must be held before indictment is returned by the grand jury. Once indicted, the right to examining trial disappears.
Preparation of a pretrial grand jury package can be very time-consuming. Not always, but usually. They can sometimes be useful especially if the "victim" has been found to be a person who makes multiple police reports, like a person that calls the police often for no good reason. Generally they don't work, which is why most lawyers don't prepare them in most cases.
This is why you should really listen to your lawyer about this. She may well have decided that a grand jury package is unlikely to help you and just will use up time she needs to work on other things in your case. No lawyer can answer your question and tell you what's best in your case. You give a lot of your strategy and information about how you intend to approach your defense when you send the grand jury a package because the prosecutor will be the lawyer giving them the package.
Pay attention to your lawyer, and good luck.
Kiele Linroth Pace agrees with this answer
A: The ADA will indict prior to the examination trial. You need to present case to grand jury before it is too late. If your attorney does a examination trial witnesses will be called. I don't like this idea over a grand jury
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