Grand Jury Representation Lawyer in Lansing, MI

Federal grand juries investigate violations of federal criminal law, including mail fraud, wire fraud, tax evasion, healthcare fraud, drug trafficking conspiracies, public corruption, and federal firearms offenses. Federal investigations often involve multiple agencies like the FBI, DEA, IRS, or ATF. These investigations can last months or years before an indictment is issued. We help clients understand their role in federal investigations and develop defense strategies before charges are filed.

Michigan state grand juries are less common but may be used for investigations involving political corruption, police misconduct, organized criminal enterprises, or cases where a one-man grand jury (a single judge) conducts a secret investigation. State grand jury procedures differ from federal proceedings, and Michigan law provides specific protections for witnesses. Our firm handles both types of grand jury representation.

Many grand jury investigations in the Lansing area involve white-collar offenses such as embezzlement, securities fraud, mortgage fraud, insurance fraud, identity theft, forgery, computer crimes, and money laundering. These cases often involve financial institutions, businesses, or government agencies. Early intervention by a defense attorney can sometimes prevent charges from being filed or result in reduced charges through cooperation agreements.

Federal prosecutors frequently use grand juries to investigate fraud schemes and conspiracy charges. These cases may involve healthcare billing fraud, government contract fraud, loan fraud, bankruptcy fraud, or conspiracies to commit various offenses. Conspiracy charges are particularly dangerous because prosecutors can charge multiple people based on the actions of others in the alleged scheme. Our attorneys understand how to challenge conspiracy theories and protect clients from overreaching prosecution.

One of the most important distinctions in grand jury proceedings is whether you’re considered a target, subject, or witness. A target is someone the prosecutor believes committed a crime and intends to indict. A subject is someone whose conduct falls within the scope of the investigation but who may not be charged. A witness is someone with information about the investigation but is not suspected of wrongdoing. Your status affects your legal strategy, your Fifth Amendment rights, and whether cooperation may benefit you. We help clients understand their true status and develop appropriate defense strategies.

We review your subpoena, analyze your potential criminal exposure, determine your status in the investigation, and identify all legal options available to you. This initial assessment helps us understand the prosecutor’s theory and your role in the case.

We contact the prosecutor handling the grand jury to clarify your status, negotiate immunity agreements if appropriate, and advocate for your interests before you testify. Sometimes we can convince prosecutors that your testimony isn’t necessary or that you should receive use immunity or transactional immunity in exchange for cooperation.

We carefully analyze whether asserting your Fifth Amendment right against self-incrimination is appropriate. You have a constitutional right to refuse to answer questions if your truthful answers could incriminate you. However, invoking this right has strategic implications we discuss thoroughly with each client.

If you must testify, we prepare you extensively for the types of questions you’ll face, how to answer clearly without volunteering information, and how to assert your rights if necessary. We review all relevant documents and help you refresh your memory without coaching false testimony.

After your grand jury appearance, we monitor the investigation’s progress, prepare for potential charges if you’re a target, and develop defense strategies if an indictment is issued. Early preparation improves outcomes in criminal cases.

Federal grand juries operate under Rule 6 of the Federal Rules of Criminal Procedure. These rules establish the grand jury’s size, secrecy requirements, and procedures. Federal prosecutors have broad discretion in presenting evidence to grand juries, and the rules of evidence don’t apply strictly. However, witnesses retain their Fifth Amendment rights, and prosecutors must respect valid assertions of privilege.

Michigan’s one-man grand jury statute (MCL 767.3) allows circuit court judges to conduct secret investigations and issue subpoenas. These proceedings are rare but powerful investigative tools. Michigan also has statutory provisions for traditional grand juries (MCL 767.3 et seq.) that can be convened for specific investigations. Michigan law provides certain protections for grand jury witnesses, including the right to assert constitutional privileges.

The Fifth Amendment to the U.S. Constitution protects you from being compelled to give testimony that could incriminate you. This protection applies fully to grand jury proceedings. You can invoke this right on a question-by-question basis, refusing to answer any question where a truthful answer could expose you to criminal liability. However, invoking the Fifth Amendment doesn’t protect you from having to appear or from contempt charges if you refuse to testify without a valid legal basis.

Prosecutors can grant immunity to witnesses, which removes the Fifth Amendment protection and compels testimony. Use immunity (technically “use and derivative use” immunity under federal and Michigan law) protects you from having your testimony used against you and prevents prosecutors from using your testimony to find other evidence against you. Prosecutors can still charge you based on evidence obtained through independent sources unrelated to your testimony. Transactional immunity provides broader protection, preventing prosecution for the entire transaction discussed in your testimony. Understanding the type of immunity offered is critical before agreeing to testify.

Communications with your attorney are protected by attorney-client privilege and cannot be compelled in grand jury proceedings. This privilege encourages open, honest communication with your lawyer so you can receive effective legal advice. Never waive this privilege without careful consideration and legal advice.

You have the right to consult with an attorney before and during your grand jury appearance. Under both MCL 767.3 (one-man grand jury) and MCL 767.19e (citizen grand jury), witnesses have the explicit right to have legal counsel present in the room where the inquiry is held. Having an attorney present during your testimony is essential for protecting your rights.

The Fifth Amendment protects you from being forced to testify if your answers could incriminate you. You can invoke this right selectively for specific questions while answering others. Your attorney can help you determine which questions present self-incrimination risks.

Subpoenas must comply with legal requirements regarding form, service, and scope. Your attorney can challenge subpoenas that are overly broad, unduly burdensome, or seek privileged information. Document subpoenas can be particularly problematic if they request massive amounts of material or protected information.

Federal prosecutors may provide certain information to grand jury targets as a matter of Department of Justice policy (Justice Manual 9-11.151), but there is no constitutional or statutory requirement to notify a target. Many individuals are indicted without receiving formal notice of their target status. You have the right to know the subject matter of questions before testifying. Your attorney can negotiate with prosecutors to clarify the scope of testimony required.

Unlike trial proceedings, you generally have no right to present evidence to the grand jury, call witnesses, or cross-examine witnesses against you. The grand jury hears only the evidence the prosecutor chooses to present. This one-sided process makes pre-testimony legal advice even more critical.

Prosecutors must respect your constitutional rights during questioning. They cannot ask questions designed solely to harass you, demand privileged information, or force you to testify after you’ve properly invoked the Fifth Amendment. Your attorney can object to improper questioning and seek judicial intervention if necessary.

If a grand jury indicts you, your attorney can challenge the indictment based on procedural errors, prosecutorial misconduct, or insufficient evidence. While courts rarely dismiss indictments, strategic challenges can weaken the prosecution’s case.

No, you should never speak with federal investigators or law enforcement about a grand jury investigation without first consulting a criminal defense attorney.

Anything you say can be used against you, and investigators are trained to elicit incriminating statements even from innocent people. Politely decline to answer questions and provide your attorney’s contact information instead. You have a constitutional right to remain silent and to have an attorney present during questioning.

Ignoring a grand jury subpoena can result in contempt of court charges, which may lead to arrest, jail time, and fines.

Grand jury subpoenas are court orders that legally require your appearance or production of documents. However, you should contact an attorney immediately after receiving a subpoena because your attorney may be able to negotiate your testimony, quash the subpoena, or arrange for limited testimony with immunity. Never simply ignore a subpoena, but also never comply without legal advice.

Yes, prosecutors can obtain an indictment based solely on testimony presented to the grand jury, even without physical evidence, documents, or other corroboration.

The grand jury’s role is to determine whether probable cause exists, which is a low standard compared to proof beyond a reasonable doubt required at trial. This is why preparation before testifying is critical. Your testimony alone can provide the basis for criminal charges.

Being subpoenaed to testify doesn’t mean you’ll go to jail. Most grand jury witnesses are not charged with crimes.

However, your testimony could potentially incriminate you, leading to charges later. This is why consulting with an attorney before testifying is essential.

If you’re already a target of the investigation, the risk of being charged is higher, but testifying doesn’t guarantee charges will be filed. Your attorney can assess your specific situation and advise you accordingly.

Federal grand jury investigations can last anywhere from several months to several years, depending on the complexity of the case.

Some investigations wrap up quickly if prosecutors have strong evidence, while others involve extensive document review, multiple witnesses, and complex financial analysis. State grand jury proceedings in Michigan typically move faster but still can take months.

Your attorney can often get information from prosecutors about the investigation’s timeline and expected resolution.

While challenging grand jury indictments is difficult, it’s not impossible. Your attorney can file motions to dismiss based on constitutional violations, prosecutorial misconduct, insufficient evidence, or procedural errors during the grand jury proceeding.

Courts are reluctant to second-guess grand juries, but successful challenges do occur. Even if dismissal isn’t possible, challenging the indictment can reveal weaknesses in the prosecution’s case and improve your negotiating position.

Whether to accept immunity depends on the type of immunity offered, your status in the investigation, the strength of the evidence against you, and your potential criminal exposure.

Use immunity prevents your testimony from being used against you but doesn’t prevent prosecution based on other evidence. Transactional immunity provides broader protection. Your attorney should negotiate the immunity agreement, review its terms carefully, and advise you whether accepting immunity serves your interests.

Never accept immunity without legal counsel.

Federal grand juries operate in federal court under federal rules and investigate violations of federal criminal law.

They typically involve 16 to 23 jurors and can sit for months hearing evidence on multiple investigations. Michigan state grand juries are less common and investigate violations of state law. Michigan also uses one-man grand juries where a single judge conducts secret investigations. The procedures, rules, and potential charges differ between state and federal systems. Federal charges generally carry more severe penalties and mandatory minimum sentences.

Yes, even witnesses should consult with an attorney before testifying. Your status can change during an investigation, and testimony you give as a witness could potentially be used against you if prosecutors later consider you a target.

An attorney can help you understand your rights, prepare for questioning, and ensure you don’t inadvertently incriminate yourself. Witnesses also have Fifth Amendment rights and may need to assert them on certain questions.

The cost of a consultation is minimal compared to the potential consequences of testifying without legal advice.

Yes, your grand jury testimony can be used against you in a subsequent criminal trial if you’re indicted.

Prosecutors can introduce your sworn testimony as evidence, and any inconsistencies between your grand jury testimony and trial testimony can be used to impeach your credibility. This is one reason why preparation with an attorney before testifying is so important.

You need to ensure your testimony is accurate, consistent, and doesn’t provide unnecessary ammunition to prosecutors.