Home » Women's Interest Articles » State Seeks to Convene Grand Jury in Ard Case
State Seeks to Convene Grand Jury in Ard Case
A review of ethics violations by South Carolina Lieutenant Governor Ken Ard has led State Attorney General Alan Wilson to request a grand jury investigation of whether criminal charges should be filed.
September 03, 2011 /Womens Interest PR News/ -- A review of ethics violations by South Carolina Lieutenant Governor Ken Ard has led State Attorney General Alan Wilson to request a grand jury investigation of whether criminal charges should be filed. Ard was recently required to pay over $60,000 by the South Carolina State Ethics Commission after he was reprimanded for violations of the State Ethics Act, including expenditure of campaign funds for personal use.
Grand juries are convened in South Carolina for various complex crimes, including white collar crimes involving fraud charges such as mail fraud or mortgage fraud, conspiracy charges involving drug trafficking or gang activity, and public corruption charges based on allegations of bribery or other illegal actions. A grand jury has broad subpoena powers and consists of citizens from across the State who hear cases under tight secrecy to determine if arrest or indictment is necessary.
If the Attorney General and the Chief of the South Carolina Law Enforcement Division (SLED) determine that normal investigative or prosecutorial procedures are inadequate, the Attorney General can file a petition in state court for an order to impanel a state grand jury. In general, the offense must have occurred in more than one county, and the petition must show how the public interest is served by impanelment.
Persons subpoenaed to testify before a South Carolina grand jury, including potential criminal suspects, are not entitled to a lawyer's representation. The only persons who can attend are the grand jurors, the Attorney General or a designee, the court reporter, an interpreter if necessary, and the witness.
However, the high secrecy surrounding grand jury proceedings does not extend to the attorney-client privilege. South Carolina law states that "a client has the right to communicate to his attorney any testimony given by the client to a state grand jury, any matters involving the client discussed in the client's presence before a state grand jury, and evidence involving the client received by or proffered to a state grand jury in the client's presence."
A South Carolina criminal defense attorney can explain the procedures surrounding any felony prosecution, and advise clients about their legal rights in state and federal grand jury proceedings involving drug crimes, white collar crimes and Internet sex crimes such as child pornography.
Article provided by Monckton Law Firm, P.A.
Visit us at www.moncktonlawfirm.com
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