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Ely, Counselor at Law
Category: Criminal Law
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California sample or redacted "grand jury packet"

Customer Question

California sample or redacted "grand jury packet"
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 11 months ago.

Hello. I am Colleen Grady and I will help you with your question.

Expert:  Colleen Grady replied 11 months ago.

Why type of packet do you need? Are you looking for questions to be asked?

Customer: replied 11 months ago.
I need one related to criminal sex charges. It would be perfect to have one on attempted sexual assault. I just want a performance example in drafting my own. Like how the issues are prsented and persuasivley argued. I have searched everywhere. James Publishing and state cle. All I could find from James Publishing was this:
06 January 2016 03:03
November 24, 2015
*** *** of *** County, ***
*** ***y Courts Building
***. *** Blvd # *****
***, ***
Re: *** vs. ***
Cause Number (cause number)
Allegation of Attempted Sexual Assault
Dear Members Of The Dallas County Grand Jury
I represent Mr. ______ in connection with the above referenced matter.
Having reviewed and investigated carefully all the facts and circumstances surrounding this matter, I am respectfully ***** ***** Mr. _____________ case be “no billed” by the Dallas County Grand Jury. I would offer the following information in support of this position.
BACKGROUND
(set out the background and family situation of the _____________ in a light favorable to the _____________)
PRIOR CRIMINAL LAW MATTERS
(set out the _____________’s lack of criminal history or set out criminal history in manner as favorable to _____________ as possible)
CHRONOLOGY OF ALLEGED OFFENSE DATE
(set out chronology of offense date in manner favorable to _____________ keeping in mind the facts that the grand jury will hear from the prosecutor)
ARREST
(set out chronology of the _____________’s arrest in manner favorable to _____________ keeping in mind the facts that the grand jury will hear from the prosecutor)
LAW
(set out the applicable law in a light favorable to _____________)
EXPLANATION OF PHYSICAL EVIDENCE AGAINST _____________
(explain the physical evidence in a manner favorable to _____________ keeping in mind the facts that the grand jury will hear from the prosecutor)
(Title this section according to content about favorable aspects of _____________’s life)
(set out favorable factors such as charitable or community activities, awards, certifications, etc.)
CORRECTIVE MEASURES
(here recite the steps _____________ has taken to correct the situation that resulted in his arrest)
CONCLUSION
In the event that you desire any of the witnesses in support of Mr. _____________ to be present at the Grand Jury to offer testimony under oath, I have agreed to make them available.. I make this offer because there is simply nothing to withhold in connection with this case. Mr. _____________’s actions and the events of (date of alleged offense) are well-documented.
I would respectfully ***** ***** the Grand Jury no-bill Mr. _____________.
Thank you for your courtesy in connection with review of this matter.
Sincerely,
________________________________________
*** Lawyer, Attorney and Counselor at Law
Customer: replied 11 months ago.
I have passed a polygraph and will be arguing and refereing to the results within the "grand jury packet" that will include the report as an exhibit. CA and Texas are the only states apparently that allow for this.
Expert:  Colleen Grady replied 11 months ago.

So you are arguing "pro se" without an attorney?

Customer: replied 11 months ago.
Expert:  Colleen Grady replied 11 months ago.

Do you need to submit this in writing or are you presenting to the Grand Jury in person?

Customer: replied 11 months ago.
Writing. More risky to appear in person.
Customer: replied 11 months ago.
I have a one in 8 chance or so of a "no bill" So I'm going for it. No sure thing but at least there is a chance.
Expert:  Colleen Grady replied 11 months ago.

It is risky but remember the Grand Jury is a group of people. They like to see real people at the proceeding.

Expert:  Colleen Grady replied 11 months ago.

They like to ask questions.

Customer: replied 11 months ago.
I don't come across that well answering questions on my feet. No clothes came off, no kissing even occurred. No threats of violence or other. No injuries, no claim of injuires.
Expert:  Colleen Grady replied 11 months ago.

OK. I'm trying to find you something. What you have already is a good format. I am trying to find the California procedures and a writing sample for you.

Customer: replied 11 months ago.
Yeah I need a writing sample. The alleged victim was an adult. We have worked for different companies but at the same location.
Expert:  Colleen Grady replied 11 months ago.

What section of the California law are you charged with?

Customer: replied 11 months ago.
The california equivalent would be 243.4. felony 1 to 10 years jail. This is in texas but Im asking for educational purposes. So in ca attempted sexual battery
Expert:  Colleen Grady replied 11 months ago.

You are in California? Is this a California case?

Expert:  Colleen Grady replied 11 months ago.

You realize that you will be giving a lot of facts and possible evidence to the Grand Jury. What about giving the results of the polygraph to the prosecutor? The prosecutor would be under an obligation to give that "exculpatory" evidence to the Grand Jury.

Expert:  Colleen Grady replied 11 months ago.

Cal Penal Code 601.16 Penalties

A person violating a provision of this part for which no penalty has otherwise been provided by statute is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $25.00.

939.71. (a) If the prosecutor is aware of exculpatory evidence, the

prosecutor shall inform the grand jury of its nature and existence.

Once the prosecutor has informed the grand jury of exculpatory

evidence pursuant to this section, the prosecutor shall inform the

grand jury of its duties under Section 939.7. If a failure to comply

with the provisions of this section results in substantial prejudice,

it shall be grounds for dismissal of the portion of the indictment

related to that evidence.

(b) It is the intent of the Legislature by enacting this section

to codify the holding in Johnson v. Superior Court, 15 Cal. 3d 248,

and to affirm the duties of the grand jury pursuant to Section 939.7.

Customer: replied 11 months ago.
I am aware of the risks and benefits. I want to see how others have approached arguing the points. Here is the specific Texas Code Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Spouse" means a person who is legally married to another.
(3) "Health care services provider" means:
(A) a physic***** *****censed under Subtitle B, Title 3, Occupations Code;
(B) a chiropractor licensed under Chapter 201, Occupations Code;
(C) a physical therapist licensed under Chapter 453, Occupations Code;
(D) a physician assistant licensed under Chapter 204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.
(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
(A) licensed social worker as defined by Section 505.002, Occupations Code;
(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;
(C) licensed professional counselor as defined by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or
Expert:  Colleen Grady replied 11 months ago.

Ignore my first paragraph about the $25 fine. Doesn't belong there.

Customer: replied 11 months ago.
I'm not in an emergency hurry. But the Grand Jury will meet around 1/25/2016. So if you need a couple days, feel free
Expert:  Colleen Grady replied 11 months ago.

I will look for you.

Customer: replied 11 months ago.
I may call you for followup, but right now $52 is a lot and I just spent 1,300 on a polygraph. So im almost out. I know the value of this and I am willing to pay for quality and a good tip.
Customer: replied 11 months ago.
Here is an example of a probable cause affidavit with the same exact fact pattern.female was working with her mother, witness z, at the offense location. x and her mother were employed to clean the home. The complainant stated that the suspect was at the offense location helping to take care of or babysit the homeowner's infant child. The complainant stated that the z approached her while she was in the living room and spoke to her about using the appropriate cleaning products. The z asked her to show him the cleaning products she was using and he grabbed her arm and sucked on it. The complainant pulled away from the suspect and went to an office located in the home. The suspect followed the complainant and pulled on her hair and asked her if it hurt. The complainant told the suspect to stop and that it hurt her. The complainant once again walked away from the suspect. The complainant stated that her mother was in the laundry room at the time and that she walked over to where her mother was. The complainant then left the laundry room and began to clean the floor. The suspect then told the complainant that he had spilled coffee in the infants room and needed the complainant to clean it up. The complainant stated that she went to the room to gs clean-up the coffee. The complainant did not notice that anything had been spilled. The complainant turned to walk out of the room. The suspect had followed the complainant into the room. The suspect grabbed the complainant by the hips and pushed her onto a bed. The suspect got on top of the complainant and held both of her arms against her chest. The suspect then began to thrust his hips onto her hips. The suspect then attempted to kiss the complainant. The complainant stated that she could feel the suspect's erection on her vagina through the clothing between her legs. The complainant was yelling at the the suspect to stop and that she wasn't there for that. The complainant's mother heard her screaming and ran to the room where the complainant was. The complainant's mother asked her what was going on. The suspect then got off the complainant and walked out of the room. The complainant's mother then called witness female homeowner b, the homeowner to let her know what happened. Witness b spoke with the suspect and told him to leave the home. The complainant stated that the suspect had previously grabbed her buttocks and would behave inappropriately with her. The complainant stated that she told the suspect on several occassions to stop and that she was at the residence to work. The complainant stated that she did not tell her mother about what had been taking place because she did not want to cause her mother any stress because of their financial situation.
Expert:  Colleen Grady replied 11 months ago.

I have been looking for an example but cannot find any. I think the Texas format you have is good. You should use that as your guide. I wish I could have found something for you. You don't have to rate me or pay me. Good luck with everything!

Customer: replied 11 months ago.
Do you think at first glance that what is alleged is at a horrendous criminal level or could be understood by grand jurors as flirting?
Expert:  Colleen Grady replied 11 months ago.

I think the Grand Jury will be sympathetic to the complainant who will testify live before them. All they have to find that there is enough evidence that a crime was committed. They don't have to decide guilt or innocence. They may want the trial court to consider your evidence. I wish you luck in your case.

Customer: replied 11 months ago.
Can I ask that you opt out of this one. . James publishing gives a skeletal outline, I'm looking for something more detailed as a performance example . I do not want to negatively rate you, this is just a matter that you don't have a sample wrtiting a "grand jury packet" to give me a difinitive answer.