Indiana § 35-34-2-5.5 Target witnesses; right to counsel; removal of attorney

Indiana Statutes

§ 35-34-2-5.5 — Target witnesses; right to counsel; removal of attorney

Indiana § 35-34-2-5.5

Art. 34BRINGING CRIMINAL CHARGES

Ch. 2Grand Jury and Special Grand Jury

This text of Indiana § 35-34-2-5.5 (Target witnesses; right to counsel; removal of attorney) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-34-2-5.5 (2026).

Text

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.

(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

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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.
(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.