The grand jury room is not a courtroom. It only resembles one from the outside. Most people who have not appeared before a federal grand jury carry a mental image drawn from trial proceedings:…
The grand jury is the constitutional gatekeeper between the government's accusation and the defendant's trial. It is also the investigative engine that...
The letter has already been sent; what happens next is the only question that matters. A target letter from the Federal Bureau of Investigation is not a courtesy. It is a notification, issued at…
If you have been served a federal grand jury subpoena, this does not necessarily mean that you are a target of the investigation or that criminal charges will be filed against you. At this…
A motion to quash is a legal remedy with a narrow path to success. Knowing where that path runs is the beginning of deciding whether to attempt it. Federal courts are reluctant to intervene…
1. Acknowledge That Every Answer Can Shift Your Status from “Witness” to “Target” 2. Understand That A Grand Jury Decides Probable Cause Rather Than Guilt 3. Understand That Probable Cause Is a Substantially Lower…
The subpoena defines the obligation. The law defines its limits. Neither document tells you where those limits actually fall. A subpoena duces tecum is an order to produce documents, records, or other tangible materials…
Federal Rule of Criminal Procedure 6(e) does not specify a set duration for grand-jury secrecy. Rule 6(e) sets no expiration date on the secrecy obligation, and secrecy does not lapse simply because the grand…
The arrest is not the investigation. It is the investigation's visible surface. Most of what constitutes a federal criminal investigation is invisible to the person being investigated. Surveillance, document review, witness interviews, grand jury…
Grand jury subpoenas commonly gather evidence in federal investigations before prosecutors file criminal charges. These subpoenas present broad investigative power available to federal prosecutors. They are used to gather documents, testimony, digital evidence, and…