Vetanxmebi Levanis tavis ganmartebashi tu ra funkcia akvs "government attorney"-s. magram me vmushaobdi amerikis sasamartloshi da chven vxmarobdit chems mier mititebul termins. sakartvelos cota gansxvavebuli iurisdikcia akvs da terminebic gansxvavdeba.
am shemtxvevashi esaa scored "damcveli". es is shemtxvevaa, roca braldebuls ara akvs finansuri sashualeba daikiravos advokati. chveulebriv, "saxazino advokatebad" mushaoben "axaldamtavrebuli" iuristebi, an altruistebi. ;-)
"In this article Attorney Larry Weiss walks us through a typical grand jury proceeding for an activist....
The following is a summary of what you might expect to encounter if you are subpoenaed to appear before a federal grand jury....
4. After you arrive at the courthouse you will probably have to sit and wait for one or several hours. Then you will go into the grand jury room. Your attorney and your friends will not be allowed to go in with you. Although your attorney can not come into the grand jury room, he or she may wait outside the room. You may go out of the room to consult with your attorney as often as you like.
Simply tell the U.S. Attorney [government attorney], "I need to talk with my attorney". You may want to go out after each question (and before answering) to talk with your attorney. That is your right and, if the U.S. Attorney will not let you go, then simply refuse to say anything until you are allowed to talk with your attorney.
5. You will be asked your name, followed by a short series of innocent-sounding questions. Finally, the real inquisition will begin.....There is no "right to remain silent" in front of a grand jury....
....People often think that they can outsmart
the government attorney
who is asking the questions, but this is not wise.
If you have already answered some questions on the same subject that you now want to refuse to answer, you may end up waiving your right to take the Fifth Amendment.
After you have taken the Fifth Amendment for one or several questions,
the U.S. Attorney [government attorney] may ask you to go in front of a judge. When he/she mentions this, and if you are not represented by an attorney,
you should ask for
a public defender to represent you.
You will then go before a U.S. District Court judge. This hearing, where you are given immunity despite all of your objections, is called the immunity hearing.
If you have not been given a public defender,
tell the judge that you want a public defender and that you have already asked the U.S. attorney for one. The judge may or may not comply with your request for a public defender.
The judge will ask you if you have taken the Fifth Amendment and you reply "yes".
The U.S. Attorney [government attorney] may then offer you "immunity". This means....."
"The powers and functions of
the federal grand jury
differ from those of the federal trial jury, which is called the petit jury.
The petit jury listens to the evidence offered by the prosecution and the defense (if it chooses to offer any) during a criminal trial and returns a verdict of guilty or not guilty.
The grand jury, on the other hand,
does not determine guilt or innocence,
but only whether there is probable cause to believe that a crime was committed and that a specific person or persons committed it.
If the grand jury finds probable cause to exist, then it will return a written statement of the charges called an "indictment." After that, the accused will go to trial."
"Attorneys can be employed in either the public or private sector, as is true of law enforcement professionals.
In the public sector, the most familiar government attorney is the District or Prosecuting Attorney, who represents "the people." The government attorney may be employed at the federal, state, county, city, or town level. The opposing side (defendant) may be represented by the Public Defender, also a government attorney, who provides legal counsel to defendants who are found by the Court to be indigent (cannot afford a private defense attorney) or the defendant may elect to retain private legal counsel to represent him/her." http://www.harding.edu/CriminalJustice/career.html
"Since witnesses have not been indicted, they apparently have
no constitutional right to counsel, since the Sixth Amendment right to counsel only applied after someone has been indicted.
If a witness cannot afford an attorney, he or she can ask the court that supervises the grand jury
to provide them with appointed counsel;
in many districts, courts do this, as a matter of general fairness.
They may appoint a private attorney
or, if the district has a Federal Public Defender's Office,
they will appoint a public defender."
".....Like the federal system, the states also use grand juries. Indeed, every state uses the grand jury for at least some purpose, with many using grand juries both to bring criminal charges and to investigate civil and/or criminal matters. The sections below explain how state grand juries compare to federal grand juries in terms of their structure and the activities they carry out."
-------------------------------------------------- Note added at 1 day 17 hrs 59 mins (2004-08-17 02:12:33 GMT) Post-grading --------------------------------------------------
\'Public defenders\' are a kind of government attorney,
but
in a federal Grand Jury
even when an attorney advising the witness is a Public defender
the public defender stays outside the room, and is not allowed to represent the witness.
The only Government Attorney in the room is the one asking the witness difficult questions.
-------------------------------------------------- Note added at 1 day 18 hrs 35 mins (2004-08-17 02:48:54 GMT) Post-grading --------------------------------------------------
Unless the \'US attorney\' is different from \'the Government attorney asking the [difficult] questions - I\'m not certain about that.
But neither of them is defending the witness.
\"(U.S. Attorneys are federal prosecutors; one is appointed for every federal judicial district in every state. The site gives you the information you need to contact a U.S. Attorneyís Office.\" http://www.udayton.edu/~grandjur/fedj/fedj.htm
-------------------------------------------------- Note added at 1 day 18 hrs 55 mins (2004-08-17 03:08:32 GMT) Post-grading --------------------------------------------------
Proved it - in the Federal Grand Jury
The \'US attorney\', the \'government attorney asking the witness difficult questions\' and \'the prosecutor\' are the same, see:
\"Witnesses should be treated courteously when they appear before the grand jury.
Questions should be put to them in an orderly fashion.
The United States [US] Attorney should complete his or her questioning of each witness before the foreperson asks questions.
The remaining grand jurors will then have a chance to ask relevant and proper questions...\"
\"Grand jurors are ordinary citizens who listen to the prosecutor questioning witnesses. Unlike a trial, a Grand Jury proceeding is private, and there is no cross examination or presentation of the defense case. In fact, witnesses may not even have a lawyer present during questioning. And jurors themselves may ask questions.\"
DGK T-I United Kingdom Local time: 05:01 Specializes in field
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