What is a Grand Jury Investigation and Do I Need a Lawyer?

What is a Grand Jury Investigation and Do I Need a Lawyer?

If you are like many people, your experience with grand juries is limited to what you have seen on television. Finding yourself face to face with one, however, is an entirely different story. In the American criminal justice system, the federal grand jury wields tremendous power. It is an institution that dates back to medieval times and contradicts the ordinary rules of criminal procedure. Attempting to respond to a grand jury subpoena or prepare your testimony without a lawyer is almost always a very bad idea.

Grand Jury Facts

The United States is one of very few countries that use grand juries. In other Western nations, the practice of grand jury investigations has been abolished. Prosecutors use grand juries to investigate suspicions of criminal activity. If the grand jury determines there is enough probable cause to file criminal charges, it has the power to return an indictment. In this way, individuals can be charged with a crime without being arrested or caught breaking the law.

Federal grand juries have a maximum limit of 23 members, however, the law only requires 16 for a quorum. Additionally, 12 or more federal grand jurors can return an indictment. For the most part, grand juries operate completely independently, although they are closely controlled by the prosecutor and the agents who present the evidence in order to secure an Indictment..

Grand jury proceedings are conducted without the usual due process requirements guaranteed by the Constitution. Instead, they are completely secret and use a so-called "ex parte" process, which means all evidence is presented without defense counsel appearing or presenting evidence in favor of the accused. Federal prosecutors use grand juries to investigate allegations to build a future case against the defendant. If you are called to appear before a grand jury, you may not even know you are the target of an investigation. Because the grand jury only hears one side of the case, it is no surprise that they often return unfounded indictments.

Why You Need a Lawyer

Prosecutors often use grand jury proceedings to compel both people and corporations to turn over documents or testify against the accused. In a large majority of cases, individuals are called to testify or produce documents without ever speaking to an attorney. Suspects can be summoned to offer testimony or surrender documents without ever having been arrested. If you get caught up in one of these secret proceedings, you could incriminate yourself without even knowing it.

Although you are not allowed to have your attorney with you when you appear before the grand jury, he can sit right outside the room. In most cases, you are permitted to consult with your lawyer after each question. Within reason, you can take as much time as you need to speak to your attorney so you feel comfortable before you face the grand jury again. You can also take notes during the proceedings and show them to your attorney throughout the grand jury process. Only with an experienced criminal defense attorney can you be certain that your rights will be protected in the grand jury process.

For more information, contact us at www.Rt2Counsel.com. 

This article has been prepared for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.