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www.storobin.com/criminalguide.html
Snipped from guide--- BBM
WHAT HAPPENS AFTER YOUR CRIMINAL COURT ARRAIGNMENT?
If you are charged with a felony and have already been arraigned in Criminal Court, your case will be sent to a court part where felony cases await the action of the grand jury.
In rare instances, a preliminary hearing upon the felony complaint may be held to determine whether the prosecutor has enough evidence to hold you in jail while waiting for the grand jury to hear your case.
If you are charged with a felony and are in jail because you were remanded or are unable to post bail, the prosecutor must present evidence in your case to the grand jury no later than 144 hours (six days) after your arrest unless your criminal defense attorney is willing to waive this requirement. If the prosecutor does not present the evidence to the grand jury within this time, you will be released from jail on your own recognizance (R.O.R.) unless the prosecutor can show a judge why the case could not be presented sooner to the grand jury. If you are released from jail, this does not mean that your case has been dismissed and you must make sure to be in court for any date set by the judge.
GRAND JURY
Grand jury proceedings are secret and are not open to the public. The grand jury is made up of 16 to 23 people who listen to the evidence and decide whether there is enough evidence to put you on trial for a felony.
If the grand jury finds that there is enough evidence that you committed a crime, it will file an indictment. If the grand jury finds that there is not enough evidence that you committed a crime, you will be released from jail. If you give up your right to have your case presented to the grand jury, the prosecutor will file a Superior Court Information (S.C.I.).
You have the right to testify before the grand jury. Although your criminal defense lawyer may go with you to the proceeding, he or she must remain silent during your testimony. Your attorney may not address the grand jury or object to the prosecutor's questions. If you want to speak with your criminal lawyer before testifying, you may do so outside the grand jury room. Any conversation you have with your lawyer inside the grand jury room must be whispered and must not be heard by the grand jurors. If you decide to testify before the grand jury, you will probably be cross-examined by the prosecutor. Any questions the grand jurors may have for you will be asked by the prosecutor. You may also ask that the grand jury hear witnesses willing to testify for you, although you are not allowed to be present in the grand jury room while they testify.
It is usually extremely easy for the District Attorney to convince a Grand Jury to give permission to prosecute any particular case.
- The Prosecutor is not required to prove guilt beyond a reasonable doubt; - The Prosecutor is only required to convince the Grand Jurors that it is possible that the defendant might have committed a crime; - The Prosecution witnesses may not be cross-examined by your criminal defense lawyer;
- Prosecution witnesses are not usually challenged in any way;
- The defendant's attorney is not permitted to make opening or closing statements;
- The criminal defense attorney is not permitted to call witnesses on behalf of the defendant;
- The proceedings are secret. The defendant and the criminal defense attorney are not entitled even to know who testifies in the Grand Jury or what they said;
- Although the defendant is permitted to testify, it is only by way of a long statement. A defendant who is not a professional or natural public speaker may not do very well, regardless of the justness of his cause. Any statements made during the grand jury may be used against the defendant at trial;
- There is no judge directly involved to make rulings of law