Can a woman go before the grand jury to testify about rape before there is a formal charge or arrest against the man?

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Can a woman go before the grand jury to testify about rape before there is a formal charge or arrest against the man?

Man is charged with rape and indicted by grand jury by woman A . Woman B, recently, made a complaint of rape to the DA but did not make a charge. Current lawyer said Woman B may be going to the grand jury for indictment. Can this happen without an arrest and having the opportunity to pleading guilty or not guilty.

Asked on May 6, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You don't have to be arrested before you're indicted. It often happens but it isn't necessary.  If you are indicted, you'll usually be arrested (or arrested again) to be arraigned and post bail on the indictment.

A grand jury hears evidence from the prosecutor, and approves (almost always) the charges the prosecutor wants to bring.  That written statement of criminal charges, the indictment, is what a person pleads not guilty to, so you expect grand jury proceedings to come before the plea.


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