If the prosecution fails to allow the accused to testify before the grand jury, the criminal lawyer buffalo ny may move to dismiss the indictment. If the court grants the dismissal, it will be without prejudice. In other words, the prosecution could re-present the case to the grand jury. So long as your criminal lawyer buffalo ny provided the prosecution with adequate notice prior to the presentment to the grand jury, however, the accused would have the opportunity to testify.
It is also possible that the court may grant dismissal, conditioned upon the accused testifying before the new grand jury. However, to be clear, the obligation of the court to dismiss the indictment is “ministerial” which means the court should not dismiss the indictment with conditions.
Also keep in mind, for purposes of appeal, if you plead guilty, the issue is considered waived for purposes of appeal. In other words, you will not be able to argue he point that you were deprived of the right to testify at the grand jury because once you plead guilty, the matter will likely not be addressed.
Decisions and strategy in any legal case should be considered only with the assistance of a qualified Criminal Lawyer in Buffalo NY