The Limited Benefits of Testifying Before a Federal Grand Jury After a Target Letter

The Limited Benefits of Testifying Before a Federal Grand Jury After a Target Letter

Getting a target letter from the feds is scary stuff. It means prosecutors think you did something illegal – yikes! Your first instinct might be to run and hide. But hold on, let’s think this through. Testifying in front of the grand jury could help your case, or it could hurt it. There’s a lot to consider here. This article will walk you through the pros and cons so you can make the best choice if you ever find yourself in this situation.

What is a federal grand jury?

First things first – what is this grand jury thing anyway? A federal grand jury is a group of citizens who listen to evidence presented by federal prosecutors. Their job is to decide whether that evidence is strong enough to charge someone with a federal crime. Grand juries meet in secret, without a judge present. The rules of evidence don’t apply. Prosecutors can present hearsay, documents, anything they want really. There is no defense lawyer in the room to object. It’s just the prosecutor, the grand jurors, court reporters, and witnesses.

How do I know if I’m a target?

If you get a target letter from the Department of Justice, it means the prosecutor believes you probably committed a federal crime. The letter will say something like “you are a target of an investigation.” This is a heads up that you might get indicted. Other clues you could be a target:

• You get a subpoena to testify before the grand jury
• Prosecutors start issuing subpoenas to your friends, family, or business associates
• FBI agents or federal agents start questioning people about you

Why would prosecutors want me to testify?

Good question. There’s a few reasons they might want you in front of the grand jury:

• To fill in gaps in their case – you might know something they don’t
• To try and catch you in a lie
• To size you up as a witness if you go to trial
• To lock you into a story they can disprove later
• To convince grand jurors you are guilty

See, not exactly because they want to help you out. Testifying is risky business if you’re a target. Prosecutors are looking for information to strengthen their case against you.

Do I have to testify if I get a subpoena?

You are required to show up if you get a subpoena. But that doesn’t mean you have to answer questions. You can assert your Fifth Amendment right against self-incrimination in response to any question where your answer might get you into trouble. Prosecutors cannot force you to give up that right. If they offer you immunity, that’s different – then you have to testify truthfully.

What are the risks of testifying?

There are a few big dangers if you choose to testify:

• You might accidentally strengthen their case by confirming details
• You could get caught in a lie, even if unintentional
• You might say something incriminating without realizing it
• Prosecutors might twist your words later
• Your credibility could suffer if your story changes later on

Any misstep could tank your chances of beating the charges. And here’s the kicker – there’s no judge in the grand jury room. No defense attorney either. It’s just you versus the prosecutor. There’s no one to object if they ask tricky questions designed to trip you up.

When does testifying make sense?

In limited cases, it may help your situation to testify:

• If you have an rock solid alibi or air-tight defense
• If you can convincingly explain why you are innocent
• If you have proof to back up your story
• If you come across as sincere and credible

But those are big “ifs.” Most defense lawyers will tell you to assert the Fifth unless there is a super compelling reason not to. You have to be absolutely certain your testimony will help, not hurt your case.

What happens if I don’t testify?

If you refuse to testify, a few things could happen:

• You cannot be punished for asserting Fifth Amendment rights
• Prosecutors may offer you immunity to force your testimony
• They may ask the grand jury to indict you anyway, without hearing your side

Pleading the Fifth is your right. But it also allows the prosecution to present their case without any rebuttal from you. That’s the tradeoff.

Should I get a lawyer?

Yes, yes, a thousand times yes! If you’re the target of a federal investigation, you want an experienced white collar defense lawyer in your corner. Here are some ways a lawyer can help:

• Negotiate with prosecutors for a better deal
• Advise you whether testifying is a good idea or not
• Prepare you to testify if you choose to
• Represent you in court if you are indicted

Don’t go it alone against the feds. The stakes are high and prosecutors play hardball. Having a top-notch federal criminal defense lawyer greatly improves your chances of a favorable outcome.

The bottom line

Testifying before a federal grand jury is risky for targets of an investigation. Unless you have an airtight defense, taking the Fifth is usually the best approach. Let your lawyer handle negotiations with the prosecution. With an experienced legal advocate in your corner, you stand a much better chance of avoiding criminal charges or minimizing the consequences if indicted.

Good luck and stay strong! With patience and perseverance, you can get through this difficult situation.

References

[1] https://www.justice.gov/jm/jm-9-11000-grand-jury
[2] https://versustexas.com/federal-target-letter/
[3] https://www.nolo.com/legal-encyclopedia/testifying-before-a-grand-jury.html
[4] https://www.hmichaelsteinberg.com/how-grand-juries-operate.html
[5] https://www.everycrsreport.com/reports/R45456.html
[6] https://www.ucdavis.edu/curiosity/blog/conversation-what-target-letter