No Constitutional Right to Counsel for a Grand Jury Witness

March 02, 2017

By Keffer Hirschauer LLP

As was recently discussed in a previous post, a grand jury is a less commonly known part of system that is used to conduct an investigation and/or determine if an individual or entity should be charged with a crime. The subject of a grand jury is known as a “target.”

While a person can be called and compelled to appear before a grand jury, the Supreme Court has stated that a grand jury witness has no constitutional right to have counsel present during the grand jury proceeding, United States v. Mandujano, 425 U.S. 564, 581 (1976), and no decision by that Court has held that a grand jury witness has a right to have her attorney present outside the jury room. Conn v. Gabbert, 526 U.S. 286, 292 (1999). Although a witness may assert his or her Fifth Amendment right not to incriminate him or herself during that testimony, he or she does not have the constitutional right to have counsel present in the room when the testimony is given.

Looking for an Indiana civil rights attorney that understands your rights? Contact the attorneys at Keffer Hirschauer LLP today if you have questions or believe your constitutional or criminal rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.