Grand Jury Investigations
Did You Receive A Subpoena From A Federal Grand Jury?
Federal grand juries are given a substantial amount of leeway when investigating an individual regarding criminal behavior. The grand jury can:
- Request that you produce specific documents (subpoena duces tecum)
- Request that you testify before the panel of jurors (subpoena ad testificandum)
- Request that you provide documents and testify
Handing over potentially incriminating documents or documents that contain trade secret information that may challenge the ability of your business to remain successful is no small matter. Limiting the scope of a grand jury request is difficult, but it is not impossible. A federal defense lawyer can discuss what steps can be taken, if any, to limit the extent of a subpoena that is burdensome or requests irrelevant documents.
Did You Receive A Target Letter?
If you are the subject of a federal grand jury investigation, you likely will have received a target letter from the involved U.S. Attorney’s office. An example of a target letter is available here.
The target letter will provide notification that you are being called as a witness before the federal grand jury. You may also be informed that you will be requested to provide certain documents to the grand jury; you will be instructed not to destroy any documentation related to the investigation. Destroying evidence can lead to separate contempt charges.
The target letter should also describe the federal crimes that are the subject of the grand jury proceeding. The letter will also briefly describe your rights during the grand jury investigation and questioning.
The Federal Grand Jury Process
If you are represented by an attorney, he or she can accept service of the grand jury subpoena on your behalf. This may spare you the embarrassment of being served at work, in front of peers or in front of friends and family, as well as from any resulting questions. If you are personally served with a grand jury subpoena, you do not have to answer any questions posed by the federal agents; you may simply decline to answer until you have spoken with a lawyer.
When you are called to testify before the grand jury, your attorney is not allowed in the room during questioning. You are allowed to confer with your attorney outside of the grand jury room after every question if necessary and to “take the Fifth” on any question(s) that may result in an answer that tends to incriminate you.
If you are recalled to testify before a grand jury, you should first review your prior testimony. You may otherwise inadvertently contradict prior testimony or provide inconsistent statements that can be used to challenge your credibility.
When the investigation is complete, the grand jury will vote to return a no bill or a true bill. If a no bill is returned, the grand jury has decided that there is not enough evidence for the criminal case against you to proceed. If a true bill is returned, you have been indicted. An indictment by a state or federal grand jury is not a criminal conviction, but it is a good indication that the prosecution has a fair amount of credible evidence against you.
The prosecutor will secure a warrant for your arrest and federal agents or local police will be tasked with bringing you in. If you are represented by a criminal defense lawyer, you may have the opportunity to surrender yourself, avoiding an arrest scene at your home, work or other public location.
State v. B.S.: Not Guilty Verdict in First Degree Murder Case.
In this case, our client was charged with First Degree Murder in connection with a “drive by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.
State v. S.G.: First Degree Murder Charge Dismissed.
Our client was charged with First Degree for the shooting death related to an alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.
State v. B.D.: First Degree Murder Charged Dismissed.
After conducting an investigation and communicating with prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.
State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death.
Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.
State v. J.G.:
Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.