Section 4.20 Right to Counsel Before the Grand Jury

• Library: Criminal Practice 2012 Supp

E. (§4.20) Right to Counsel Before the Grand Jury

A witness called before the grand jury does not have the right to have counsel present before the grand jury. United States v. Williams, 504 U.S. 36 (1992); State v. Tressler, 503 S.W.2d 13 (Mo. 1973). In State v. Thomas, 529 S.W.2d 379 (Mo. 1975), the defendant unsuccessfully contended that the procedure was unconstitutional because it did not afford the defendant the right to be represented at a critical stage in the criminal prosecution. The ruling...