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Do witnesses in grand jury proceedings have a right to have their lawyer in the room with them?

Sunday, September 27, 2020
By Allegra Taylor
NO

Witnesses in federal or state grand jury proceedings are not entitled to legal representation, even if the witness is the target of the investigation. A grand jury witness may choose to hire a lawyer, but lawyers are not allowed to accompany their client into the jury room.

The role of a grand jury is to determine whether or not there is enough evidence to bring a suspect to trial on criminal charges. A trial jury then determines whether or not the suspect is guilty.

The Sixth Amendment guarantees a defendant representation only in criminal proceedings.

This fact brief is responsive to conversations such as this one.
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