How Grand Juries Operate in Federal Criminal Cases in New York

How Grand Juries Operate in Federal Criminal Cases in New York

Grand juries play an important role in the federal criminal justice system in New York. But most people don’t really understand what they do or how they work. This article will break it down in simple terms so you can get the basics.

What is a Grand Jury?

A federal grand jury is a group of 16 to 23 citizens who listen to evidence presented by federal prosecutors and decide whether there is “probable cause” to charge someone with a federal crime. Probable cause basicly means there’s enough evidence to reasonably believe the person committed the crime.
Grand juries operate in secrecy and work independently of judges and prosecutors. They can subpoena documents and witnesses to help them investigate federal crimes.

How Do Grand Juries Get Selected?

People are randomly selected from voter registration lists, driver’s license registries, state ID card registries, and sometimes other lists. The court then reviews the list and narrows it down to several hundred potential grand jurors.
Those people are sent a questionnaire asking about their qualifications, availability, and willingness to serve. After the questionnaire is returned, the final grand jury pool is selected – about 50 people.
Of those 50, 16 to 23 will be chosen to sit on a particular grand jury. The rest are alternates in case someone can’t serve.

How Long Do Grand Jurors Serve?

Federal grand juries sit for about 18 months. They typically meet just a few days per month to hear cases. But they can be called back more frequently if needed.
Grand jurors can ask to be excused for good cause, like health issues, family obligations, or work conflicts. But otherwise they are expected to be availble to serve the whole 18 months.

What Happens in Grand Jury Proceedings?

Grand jury proceedings are very different from regular court trials. They happen in private, with no judge present. Only the prosecutor, grand jurors, witnesses, court reporter, and sometimes an interpreter are allowed.
The defendant and their lawyer can’t attend. They aren’t even allowed to know what evidence is presented unless they are eventually indicted.
First, the prosecutor gives an overview of the case. Then they present witnesses and evidence to try to establish probable cause that the defendant committed a federal crime.
After the prosecutor finishes, the grand jurors can ask questions. Then they discuss the case amongst themselves and vote on whether to approve an indictment.
An indictment is a formal charge accusing the defendant of committing a specific federal crime. At least 12 out of 16 to 23 grand jurors must vote in favor of an indictment.
If an indictment is approved, the defendant will be arrested and brought to court for arraignment. That’s when they enter a formal plea of guilty or not guilty.

What Happens if No Indictment?

If less than 12 grand jurors vote for an indictment, no charges will be filed against the defendant for that alleged crime. With no indictment, the case doesn’t move forward.
However, that doesn’t mean the prosecutor can’t present the case to another grand jury later on. They are allowed to take multiple bites at the apple if they think they can eventually get an indictment.

Can a Grand Jury Investigate Crimes?

Yes. A federal grand jury can launch its own investigation even if no prosecutor brings them a specific case. They have very broad investigative powers.
For example, a grand jury might notice a pattern of related crimes that no one has looked into yet. They can start issuing subpoenas for documents and witnesses to help them get to the bottom of it.
If the grand jury’s own investigation uncovers evidence of a federal crime, they can ask the prosecutor to help them put together an indictment.

Do Grand Juries Protect Defendants?

The idea behind grand juries is that they act as a check on federal prosecutors. Regular citizens get to take an independent look at the evidence before anyone can be formally accused.
In theory, this prevents prosecutors from bringing weak cases just to harass people they don’t like. It also weeds out cases where there’s simply not enough evidence to justify a federal criminal trial.
But in reality, federal grand juries almost always approve prosecutors’ requested indictments. Out of tens of thousands of cases each year, only a tiny fraction get no-billed.
So while grand juries provide some protection on paper, they rarely stand in the way of determined federal prosecutors. As the saying goes, they would “indict a ham sandwich” if that’s what prosecutors asked them to do.

Are Grand Jury Proceedings Really Secret?

Grand jury secrecy is taken very seriously. Everyone involved is prohibited from revealing what happened, unless ordered by a court. That includes prosecutors, grand jurors, witnesses, court staff, and even the defendants themselves.
The secrecy rule continues even after the grand jury finishes its work. Records of the proceedings are kept locked away for decades before being made public.
Violating grand jury secrecy can result in civil or criminal contempt charges. That means big fines or even jail time.
However, there are a few exceptions. For example, witnesses can talk to their attorney about their testimony. And prosecutors can share grand jury materials with other government lawyers or agents working on the case.

Can Grand Jury Witnesses Have a Lawyer?

Yes. Witnesses testifying before a federal grand jury are allowed to have their attorney present. However, the attorney can’t speak or object during questioning. They can only privately advise their client about their Fifth Amendment right against self-incrimination.
So while the moral support from having an attorney present may be helpful, they don’t serve much actual legal purpose inside the grand jury room.

What Should I Do if I’m Called to Testify?

Receiving a grand jury subpoena can be intimidating. But understand that being called to testify doesn’t necessarily mean you’re suspected of a crime. Prosecutors often call witnesses who have information related to the investigation.
However, because the proceedings are so secretive, you have no way to know if you’re a target, subject or just a regular witness. So don’t ignore the subpoena, but do seek legal counsel immediately.
An experienced federal defense lawyer can advise you on the process, help you avoid pitfalls when testifying, and let you know your rights and options. Having skilled legal guidance can make all the difference if you find yourself wrapped up in a federal grand jury investigation.

The Bottom Line

Federal grand juries have significant power to investigate crimes and approve criminal indictments. But they are also cloaked in secrecy and little understood by the average citizen.
Hopefully this article shed some light on how grand juries decide whether to bring federal criminal charges against people suspected of crimes. Their role is crucial, even if the process seems mysterious.
So if you ever receive a grand jury subpoena, or hear about someone facing a federal investigation, you’ll now know a little more about what it all means and how it works. Let me know in the comments if you have any other questions!

Citations:

Indictment Grand Juror’s Handbook Understanding the Grand Jury System Grand Jury How Does the Grand Jury Process Work in NY? Information for Jurors