In grand jury proceedings, which statement is true regarding counsel and defense participation?

• A. The defendant may have counsel and the counsel can speak and object
• B. There is no defense counsel unless the defendant testifies, and then counsel may be present but cannot speak or object
• C. The defense may cross-examine witnesses
• D. The judge can speak to the grand jury

Answer: (B)

Grand jury proceedings operate in a non-adversarial, secret setting where the prosecutor controls the questioning and evidence presented. The defendant does not have the right to active defense counsel participating in the grand jury. The defense’s role is very limited: there is no defense counsel attending to cross-examine or object during the grand jury process. If the defendant themselves does testify, a counsel may be present to advise the witness, but that counsel cannot speak or object in the grand jury room.

This is why the statement saying there is no defense counsel unless the defendant testifies, and even then that counsel may be present but cannot speak or object, best captures how involvement is restricted at this stage. The other options would imply defense participation or judge participation that isn’t allowed in grand jury proceedings.