Federal Crimes Attorney in Boca Raton, Florida
What is the grand jury process in federal court, and what should someone expect if they are called to testify or are the target of an investigation?
What is the grand jury process in federal court, and what should someone expect if they are called to testify or are the target of an investigation?
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So, the grand jury process is awful to
say the least for someone who is facing
federal criminal charges. This is the
most secretive process in our entire
justice system. 16 to 23 random people
are called in for jury duty. We don’t
know on what day. Usually Tuesdays and
Thursdays, but we’re not supposed to
know. But they call people in and there
is no judge. There is no uh arbiter of
fact and truth. There is a prosecutor.
There are 16 to 23 people and there are
whatever witnesses they decide to call.
Those grand jury proceedings, the
transcripts are going to be completely
sealed and nearly impossible for the
defendant, for the person charged with
the crime to ever get their hands on.
And what it ultimately is, it’s probable
cause. So probable cause means it is
50.00001%
more likely that a crime was committed.
That’s what the prosecutor in this
secret room has to prove to the grand
jurors. They always come back with an
indictment if they try to get it. Um and
unfortunately the defense is not allowed
in the room. Judge is not allowed in the
room. We are allowed to be present if we
have a client who is testifying in a
grand jury outside of the room. And the
witness, if we’re representing a witness
in a grand jury, is allowed to take
breaks to come and speak to the lawyer
outside the presence of the grand jury.
The jurors grand jurors are allowed to
ask questions um of a potential witness.
They’re allowed to also ask the
prosecutor to go out and get more
information. So grand juries can be for
the purposes of charging an individuals.
They can also be an investigative tool
where grand juries will be impanled for
a significant amount of time as a
prosecutor is investigating and
developing their case.
Boca Raton, FL criminal defense attorney David Tarras talks about the grand jury process in federal court, and what should someone expect if they are called to testify or are the target of an investigation. He states that the grand jury process is one of the most secretive aspects of the federal justice system and can be especially daunting for anyone facing federal criminal charges. A grand jury consists of 16 to 23 randomly selected citizens, typically convened on specific days, though the schedule is not publicly disclosed. Unlike a trial, there is no judge present—only the prosecutor, the jurors, and any witnesses the government chooses to call.
The proceedings are sealed, and transcripts are nearly impossible for the defendant to obtain. The purpose of the grand jury is to determine whether probable cause exists to bring charges. Probable cause means it is just slightly more likely than not that a crime was committed. If the prosecutor seeks an indictment, the grand jury almost always issues one.
Defense attorneys are not allowed inside the grand jury room, nor is a judge. If a client testifies, their attorney may remain outside and consult with them during breaks. Witnesses can step out to speak with their lawyer, but they must testify alone before the jurors. Grand jurors themselves may ask witnesses questions and can request that the prosecutor gather additional information.
Grand juries may be convened not only to bring charges but also as investigative tools, sometimes remaining impaneled for extended periods while prosecutors build and develop their cases.
