GRAND JURY INVESTIGATIONS & SUBPOENAS

What is the Purpose of a Grand Jury?

Grand juries are part of our Constitution. The purpose of the grand jury is to determine whether or not there is probable cause to believe that any federal felony has been committed. A typical federal grand jury consists of between 16-23 citizens drawn from the community. The jurors meet in a closed courtroom, with no judge, no accused, no press, and no lawyer but the prosecutor present. The grand jurors decide whether or not to indict a person or persons by listening to witnesses and evaluating evidence obtained by grand jury subpoenas. At least 12 grand jurors must find that there is sufficient probable cause in order to return a True Bill,  which when signed by the prosecutor becomes the indictment: the formal criminal charge that the government must prove beyond a reasonable doubt at trial. If the grand jury does not find sufficient probable cause, which almost never occurs, then it returns a No Bill.

I Received a Grand Jury Subpoena

Contact a competent attorney to determine the reason you received the subpoena. A grand jury subpoena signals that a grand jury has been impanelled and a criminal investigation is underway. If you fail to comply with the grand jury subpoena or simply do not respond, then you may be held in contempt of court.

Keep in mind just because you received a grand jury subpoena does not mean you are a potential defendant or the target of a criminal investigation. Therefore, you should contact an attorney to determine precisely why you received the subpoena.

Why Did I Receive a Grand Jury Subpoena?

There are generally three reasons a person may receive a grand jury subpoena:

(1)   The person is a “target,” meaning that the grand jury has substantial evidence linking the person to the commission of a crime and the prosecutor will likely move to indict that person.

(2)   The person is a “subject,” meaning that person’s conduct is within the scope of the grand jury’s investigation

(3)   The person is a “witness” meaning that the person is not under investigation but has personal knowledge of facts relevant to the grand jury investigation. You may be a witness for several reasons. For example, the grand jury may subpoena a current employee of a company managed by persons who are potential defendants.

 A person receiving a subpoena must determine whether they are a target, subject, or a witness as soon as possible

What Type of Subpoena Have I Received?

There are two types of subpoenas: (1) a subpoena duces tecum which commands the person to produce certain documents and (2) a subpoena ad testificandum which commands a person to appear before the grand jury on a particular date to testify.

A subpoena duces tecum may seek all non-privileged documents and physical evidence including documents or information which another party may have already produced, or information which may readily be available other than from the subpoenaed party. Moreover, a subpoena duces tecum may require the production of original documents. This may be especially important; for example, where it is important to capture notations, erasures, or colored markings on documents that may not show up on copies.

A subpoena duces tecum may also be served on anyone at any place in the United States provided that service is proper. Subpoenas may also be served on persons in foreign jurisdictions as long as the government follows certain procedures.

Can I Ignore the Grand Jury Subpoena?

A person who ignores a subpoena may, among other things, be held in contempt of court.

Can I Hire an Attorney to Assist Me During a Grand Jury Proceeding?

It is critical that you hire an attorney to represent you during a grand jury proceeding. During the proceeding an attorney may be present, but not in the grand jury room since grand jury proceedings are secret. The only persons permitted in the grand jury room are the Assistant United States Attorney, the grand jurors, the witness, and a court reporter. During the proceeding, a grand jury witness may ask to be excused to confer with an attorney before answering each question. While this process is disruptive and a bit awkward, it is absolutely critical to have an attorney present during any grand jury proceeding.