Federal Criminal Lawyers Explain How Grand Juries Work

So you’ve been called to testify before a federal grand jury. Don’t panic! This is a normal part of the criminal justice process. As a federal criminal defense attorney, I’m here to walk you through what to expect and help you prepare.

What is a federal grand jury?

A federal grand jury is a group of 16-23 citizens who listen to evidence presented by federal prosecutors and decide whether it’s enough to formally charge someone with a federal crime [3]. Their job is to investigate potential crimes and determine if there’s probable cause to believe a crime was committed.

The grand jury does not determine guilt or innocence – they just decide if there’s enough evidence to move forward with formal charges in the form of an indictment. If they think there is, they issue an indictment. If not, no charges are filed.

How do federal grand juries work?

Federal grand juries operate very differently than trial juries. Here are some key things to know:

• Grand juries meet in secret. The only people allowed are the jurors, federal prosecutors, witnesses, court reporters, and interpreters [2].
• Defense lawyers are not allowed unless they are testifying as witnesses.
• Grand jury proceedings are led by federal prosecutors who gather evidence and question witnesses.
• Grand juries can subpoena documents and witnesses to testify.
• Witnesses testify without lawyers present and there is no judge.
• Grand juries operate very informally compared to a trial.
• Federal grand juries have broad investigative powers and can pursue inquiries on their own.
• Grand jury terms can last up to 18 months and meet as often as necessary.
• At least 12 jurors must vote to approve an indictment – it does not need to be unanimous.

Why are grand juries used in federal criminal cases?

The use of federal grand juries is enshrined in the 5th Amendment of the Constitution, which requires their use for all felony charges [4]. They serve as an independent body that provides oversight of federal prosecutors. This helps prevent abuses of power and ensures community participation in the criminal process.

Grand juries have been criticized at times, but the Supreme Court has upheld their importance as a check on prosecutors bringing unfounded charges [6].

What happens when you testify before a federal grand jury?

If you are called to testify before a federal grand jury, here’s a quick rundown of what to expect:

• You will most likely receive a grand jury subpoena requiring you to appear.
• When you arrive, you will wait in a room until it’s time to enter the grand jury room.
• You will be brought into the room alone and placed under oath.
• Prosecutors will begin asking you questions about the investigation.
• You must answer all questions truthfully – lying is considered perjury.
• You can invoke your 5th Amendment right against self-incrimination at any time.
• After questioning, you will be excused and free to leave.

Can you refuse to testify or avoid testifying?

You must comply with a federal grand jury subpoena, but there are some limited ways to avoid testifying:

• File a motion to quash – Argue the subpoena is improper or abusive.
• Claim a valid privilege – Like attorney-client or doctor-patient confidentiality.
• Assert your 5th Amendment right – Refuse to answer self-incriminating questions.
• Request immunity – Prosecutors may offer immunity from prosecution.
• Run out the clock – Grand jury terms are limited.

However, these options are complex and you should consult an attorney. Simply failing to show up in response to a subpoena can lead to being held in contempt of court.

What should you do if you are called to testify?

Here are some tips if you find yourself called before a federal grand jury:

• Consult a lawyer – Get advice on your rights, risks and options.
• Tell the truth – Lying can lead to perjury charges.
• Answer only what is asked – Don’t volunteer extra information.
• Review records – Refresh your memory before testifying.
• Take notes – Document what questions you were asked.
• Stay calm – Being nervous is normal but stick to the facts.

While the prospect of testifying before a federal grand jury can be intimidating, being prepared and understanding the process can help you get through it smoothly.

The bottom line

Federal grand juries play an important role in the criminal process, but one that is not widely understood. If you are called to testify, having an experienced federal criminal defense lawyer guide you through the process can make all the difference.

Every case is different, but hopefully this overview helps demystify federal grand jury proceedings. Knowledge is power, so arm yourself with information. And as always, I’m here to advise you through any federal criminal matters.