DC Criminal Defense Lawyers Explain How Grand Juries Work

Getting a grand jury subpoena can be scary. Most people don’t know what a grand jury is or how they work. This article explains everything you need to know if you get a grand jury subpoena in Washington DC.

What is a Grand Jury?

A grand jury is a group of citizens that decide whether to bring criminal charges against someone. The grand jury hears evidence from prosecutors and witnesses to decide if there is enough evidence to charge someone with a crime[1].

The grand jury does not determine guilt or innocence. They only decide if there is enough evidence to bring someone to trial. Grand juries operate in secrecy and proceedings are closed to the public[2].

Federal grand juries have around 16-23 members who serve for 18 months[3]. They meet a few days each month to hear evidence on many different investigations at once[2].

Grand juries have a lot of power. They can investigate anything, even just a rumor or suspicion. They don’t need probable cause to start investigating like police do for arrests and searches[2].

How Do Grand Juries Work?

There are two ways grand juries can work:

• Charging grand juries – These grand juries review evidence and decide whether to bring charges. If they indict, the defendant goes directly to trial without a preliminary hearing[2].
• Investigative grand juries – These grand juries have more time to investigate complex matters. They can issue subpoenas for documents and witnesses to gather evidence[2].

The investigation starts with document subpoenas. Over several months, prosecutors call witnesses and present evidence to the grand jury[2].

They often circle back to witnesses who refused to testify at first. Some witnesses get immunity to compel them to testify[2].

If You Get a Grand Jury Subpoena

If you get a grand jury subpoena, contact a criminal defense lawyer immediately. Do not ignore a grand jury subpoena. You must respond or you could face arrest[1].

A lawyer can help you understand what the subpoena requires and protect your rights. There are different types of subpoenas[1]:

• Subpoena to Testify – You must appear before the grand jury on the date listed and answer questions under oath.
• Subpoena Duces Tecum – You must produce documents or other physical evidence. This is more complicated than testifying.

Your lawyer can review the subpoena duces tecum and determine how to respond appropriately. They can also try to negotiate with prosecutors to lessen the burden of producing documents[1].

If the subpoena requests too many documents, your lawyer may file a motion to quash the subpoena. But you must still make a good faith effort to comply[1].

Who Gets Called to Testify?

Anyone can be called to testify if they have information relevant to the investigation. This includes[4]:

• Co-workers of the investigation target
• Family members who received money from the target
• Friends or associates with relevant information

You may not know your status in the investigation. Ask the prosecutor – their name is on the subpoena[2].

Your status determines your rights:

• Targets – Main subjects of the investigation who are likely to be indicted. They can testify if they want, but it’s very risky.
• Subjects – People involved in the crimes who may or may not be charged later.
• Witnesses – People with relevant information but not involved in crimes. They generally must comply.

Your Rights Before the Grand Jury

You have the right to know your status so you can decide whether to testify or invoke your 5th Amendment right against self-incrimination. Prosecutors don’t have to tell you your status, but ask anyway.

You have the right to consult with your attorney, but they can’t come in the grand jury room with you[5]. In some cases, you can step outside to confer with counsel[2].

If you’re a target, you have the right to remain silent. But for other witnesses, refusing to testify can lead to civil or criminal contempt charges. Get advice from counsel on whether to testify.

Why Call a Lawyer?

A lawyer experienced with federal grand juries can help in many ways[1]:

• Explain what the subpoena requires and your rights
• Negotiate with prosecutors about the scope of document requests
• File motions to quash improper subpoenas
• Advise you whether to testify or invoke 5th Amendment
• Ensure proper procedures are followed
• Prevent charges or minimize consequences if indicted
• Keep your testimony secret if possible to avoid reputational harm
• Work out immunity deals for testimony if needed

Conclusion

If you receive a grand jury subpoena in a federal criminal investigation in Washington DC, call an experienced criminal defense lawyer right away. They can protect your rights and interests during the grand jury proceedings. Careful cooperation and negotiation can sometimes prevent charges from being filed.