Las Vegas Criminal Defense Attorney Unveils Grand Jury Transcript Requirements in Nevada NRS 172.215
A defendant is entitled to receive a copy of a transcript from grand jury proceedings if the grand jury makes the decision to indict. There are strict requirements regarding what a transcript must contain, what information must be recorded, and how it must be recorded.
If you are indicted by a grand jury, it is important that you are represented by Nick Wooldridge – an experienced Las Vegas criminal defense lawyer. An attorney can help you to carefully review information from the grand jury proceedings to determine what information the district attorney presented to the grand jury to create probable cause for indictment. By performing a detailed review of the transcripts, you can make the decision if you want to file a writ of habeas corpus and argue that the evidence should not have been sufficient for the grand jury to vote to indict. You can also begin to prepare a response to the charges and defenses to the accusations the prosecutor has made against you.
LV Criminal Defense provides legal representation to many clients who are faced with accusations of wrongdoing and who have been indicted by a grand jury. We’ll help you to obtain the necessary information from grand jury transcripts so you can begin developing the most strategic legal defense. Give us a call today to learn more.
Requirements for Transcribing Grand Jury Proceedings
Nevada Revised Statute Section 172.215 sets forth many of the requirements for transcribing grand jury proceedings. This statute indicates that whenever a grand jury is investigating a criminal case, a certified court reporter must be appointed. If the court reporter who is appointed is not an official reporter of the district court, the reporter must take the constitutional oath of office before beginning his or her duties.
The certified court reporter must include specific things in all notes taken in connection with a grand jury’s investigation of a criminal case. This includes:
- Details on the charge by the impaneling judge.
- Any further statements or instructions that the judge issues.
- All statements which the district attorney makes.
- All questions asked of witnesses, and all responses provided by witnesses who give testimony before the grand jury.
- All statements that any of the grand jurors make during the proceedings.
Certified court reporters cannot include confidential communications between witnesses and their legal counsel, and cannot include details about the deliberation process or the grand jury’s vote.
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Responding to Grand Jury Proceedings
Defendants are notified of grand jury proceedings, but usually do not actually attend the proceedings. The proceedings are one-sided and the prosecutor presents evidence to try to convince the grand jury to hand down an indictment. The prosecutor is, however, required to provide information that could explain away the charges, including exculpatory evidence about the defendant if such information comes to light. A grand jury is also entitled to subpoena witnesses, subpoena documents, and ask for information that could explain away the charges.
If a defendant does not attend grand jury proceedings, the transcripts can provide important insight into some of the legal arguments that the prosecutor is likely to make when seeking a criminal conviction. The transcripts can also provide details on some of the testimony that witnesses are likely to provide in relation to the alleged criminal acts.
A Las Vegas Defense Attorney Can Help
LV Criminal Defense understands the Nevada Code of Criminal Procedure and is very familiar with the grand jury process, which is usually used in cases where defendants are accused of serious crimes. Our legal team can help you to obtain and review transcripts of grand jury proceedings and can use the important information contained within these transcripts to help you to build a strong defense to charges.
To learn more and to speak with a Las Vegas criminal lawyer who can help you, give us a call today.
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