Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter is entitled to the assistance of his attorney when the person is questioned in the grand jury room, subject to this section.

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Terms Used In Indiana Code 35-34-2-5.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Target: means a person who has been charged by information for an offense the grand jury is investigating, or who is a subject of the grand jury investigation. See Indiana Code 35-34-2-1
     (b) The target’s attorney:

(1) must take an oath of secrecy administered by the foreman;

(2) while in the grand jury room may not, without first obtaining the consent of the prosecutor and the foreman:

(A) address the grand jury or the prosecuting attorney;

(B) make objections or arguments;

(C) question any person; or

(D) otherwise participate in the proceeding; and

(3) may advise the client so long as the conversation is not overheard by any member of the grand jury.

     (c) The court that impaneled the grand jury may remove any attorney from the grand jury room and may find him to be in contempt of court if the attorney has violated the requirements of subsection (b) or has otherwise disrupted or unnecessarily delayed the grand jury proceeding.

As added by P.L.170-1984, SEC.3.