In New York, the defendant must be given an opportunity to testify at the grand jury before the grand jury votes. Under New York law, the grand jury must find sufficient evidence is present to vote to indict. If the prosecution fails to allow the defendant to testify before the grand jury, a buffalo criminal attorney may move to dismiss the indictment. However, if the criminal lawyer buffalo ny motion is granted, it will be without prejudice to re-presentment.
Criminal lawyers buffalo ny may request the court grant dismissal based on the condition that defendant testifies before the new grand jury. However, if the defendant then chooses not to testify, the court cannot then reinstate the previous indictment.
Criminal attorney buffalo ny must make the motion to dismiss the indictment within five days of arraignment on the indictment or it is waived. Also, because this motion is made under New York’s CPL 190.50, criminal lawyers buffalo ny who make this motion do not waive the motions which are part of the omnibus motion under CPL 255.20(1).
It is not easy to understand the Criminal law in New York. If you are facing criminal charges or in the middle of a criminal case and need an attorney contact Andrew Tabashneck for a free consultation