What to Expect When Called to Testify Before a Federal Grand Jury
Contents
What to Expect When Called to Testify Before a Federal Grand Jury
Getting a subpoena to testify before a federal grand jury can be intimidating. You may be wondering what your rights and responsibilities are, what questions you’ll be asked, and what the experience will be like. This article provides an overview of the federal grand jury process and tips on how to prepare if you are called to testify.
Overview of Federal Grand Juries
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 believe a crime has been committed and to charge a person with that crime ((https://www.reddit.com/r/legaladvice/comments/345r2m/what_to_expect_testifying_before_federal_grand/)). Grand jury proceedings are overseen by a federal judge and take place in secret – the only people allowed to be present are the jurors, prosecutors, witnesses, court reporter, and interpreter if needed.The role of the grand jury is investigative. Prosecutors will ask you questions about events you may have witnessed or activities you may have been involved in that relate to the subject of the investigation. Your testimony provides information to help the grand jury determine if someone should be formally accused of a federal crime.
Receiving a Grand Jury Subpoena
A federal grand jury subpoena requires you to appear at a specific time and place to provide sworn testimony. It is a legally binding order – you must comply or you may face contempt charges. Some things to note if you receive a subpoena:
- The subpoena must be personally served on you. This usually means someone will hand you the subpoena or leave it with an adult at your home. You may receive additional subpoenas if your testimony cannot be completed in one day.
- You’re entitled to witness fees and mileage reimbursement (https://www.avvo.com/legal-guides/ugc/what-to-expect-when-you-are-subpoenaed-to-testify-before-a-federal-grand-jury). This helps cover travel costs and lost wages from taking time off work. Fees are paid after testifying.
- You can request a date change. If the date they schedule is a hardship, contact the prosecutor handling the case to explain and request a new date. But the subpoena is not a casual invitation – you are legally obligated to appear when ordered.
- You may need to hire an attorney. While not always necessary, consulting a lawyer experienced with federal cases can help you understand your rights and obligations. They can also represent you during testimony.
Overview of the Grand Jury Process
Grand jury proceedings follow a specific protocol outlined in the Federal Rules of Criminal Procedure. Here is the basic process:
- You will be brought into the grand jury room to be sworn under oath by the foreperson. Only the attorney questioning you will be present.
- The prosecutor will begin asking you questions about the investigation – you must answer truthfully. This questioning can take minutes to hours depending on your involvement and knowledge of the case.
- You can request a break at any time. You can also leave the room to consult with your lawyer if you have one.
- You have the right to invoke the 5th Amendment and refuse to answer questions that may incriminate you. But you must invoke this right question-by-question.
- You cannot have someone else in the room with you while testifying, unless you need an interpreter. And unlike a trial, you have no right to cross-examine other witnesses or evidence.
- When questioning is complete, you will be released from your subpoena. But you could be called back to testify again.
Tips for Preparing for Your Grand Jury Testimony
If you’ve been subpoenaed by a federal grand jury, some things you can do to prepare include:
- Tell the truth. Lying under oath – even about minor details – can lead to perjury charges. If you don’t know or don’t remember something, say that.
- Review relevant documents. If you have access to any documents, emails, notes or records related to the investigation review them to refresh your memory. But do not attempt to access records that you do not already have access to.
- Make an outline of what you know. Make notes of key events, conversations, people involved to jog your memory. Especially note any dates, times, locations and who was present that you can remember.
- Consult an attorney. Having an experienced federal criminal lawyer represent you can help protect your rights and guide you through the process.
- Practice answering questions. Especially if you feel nervous, practice answering open-ended questions out loud to get comfortable explaining what you know. But avoid over-rehearsing your answers.
What You Can Expect When Testifying
If this is your first experience providing testimony, it’s normal to feel anxious or intimidated by the process. But knowing what to expect can help you feel prepared:
- You will be treated respectfully. While the prosecutors are building their case, they cannot treat you unfairly. You always have the right to invoke your 5th Amendment protections.
- Questions will relate to the investigation. Prosecutors have likely spent considerable time planning their questions for you. Answer directly only about events and activities you have direct knowledge of. Do not speculate or guess at answers.
- Your lawyer can object to inappropriate questions. If you have counsel present, they can object if prosecutors ask questions that are misleading, unfair or argumentative. But the prosecutor usually has a chance to rephrase the question.
- You may be asked broad, open-ended questions. Such as “Tell us everything you know about…” Prepare by making an outline ahead of time of the key facts you want to cover.
- You may feel pressure to remember minor details. It’s ok to say you don’t recall something unimportant if you honestly don’t remember. Don’t make up answers.
- You can clarify your answers. If you realize you misspoke or your answer was unclear or incomplete, let them know. You want your testimony to be truthful and accurate.
- You may be asked similar questions in different ways. This is to confirm that your answers are consistent. Stick to the facts you know without speculating. It’s fine for your attorney to object to repetitive questioning.
While the experience can create some anxiety, being truthful and as prepared as possible can help your grand jury testimony go smoothly. Consider consulting an attorney experienced with federal cases for personalized guidance. And if you don’t already have sufficient legal counsel, here are some recommendations for federal defense attorneys that may be able to represent you.
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.
Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.
I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.
Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.