Archived Attorneys for Jussie Smollett say he won't meet with police (bostonherald.com)
submitted ago by NeedleStack
Posted by: NeedleStack
Posting time: 1.8 years ago on
Last edit time: never edited.
Archived on: 5/21/2019 10:00:00 AM
Views: 418
SCP: 32
33 upvotes, 1 downvotes (97% upvoted it)
Archived Attorneys for Jussie Smollett say he won't meet with police (bostonherald.com)
submitted ago by NeedleStack
view the rest of the comments →
[–] cthulian_axioms ago (edited ago)
Former defense attorney here. You don't get to have a lawyer with you when you testify before a grand jury. They wait outside the room. You can go and confer with them before answering each question, but they can't go in with you.
Never talk to the cops and never agree to testify without full immunity.
[–] NeedleStack [S] ago (edited ago)
Thanks! I read otherwise and that attorneys can be present when it comes to a federal grand jury?
Also, how would Smollett get immunity if he's the one being prosecuted? I thought immunity was for securing testimonies from persons not being charged with the original crime but who are afraid of getting hit with charges due to their involvement in the defendant's original crime.
[–] cthulian_axioms 0 points 1 point 1 point (+1|-0) ago (edited ago)
Nope. They can wait outside, and you can confer with them after every question. This apparently counts as "assistance of counsel" and is one of many, many reasons why I left the fraternity of scoundrels.
You're 100% correct on the issue of immunity. That bit was me trying to be clever and not really succeeding. "Let me be clear":
NEVER TALK TO COPS AND NEVER TESTIFY BEFORE A GRAND JURY WITHOUT FIRST HAVING RECEIVED FULL TRANSACTIONAL IMMUNITY.
If the enemy country's got enough on you that it can empanel a GJ, they've got enough to take your sorry ass to trial. Granted, by refusing to testify you will sit in jail until the trial begins, but you'll avoid catching another charge for lying to the grand jury, because I can guarantee you--even without knowing the circumstances of a given case--you will fuck up and say something that is not 100% truthful, and that'll be the end of you.