Grand Jury Witness Representation

A federal grand jury subpoena is a powerful tool used in criminal investigations to compel individuals or entities to provide testimony or produce evidence. Compliance is mandatory, but recipients have legal rights and protections, including the ability to invoke the Fifth Amendment and consult with legal counsel. Non-compliance can result in significant legal consequences, making it important to handle the subpoena carefully and with proper legal guidance.

In the context of a federal grand jury investigation, the terms “target,” “subject,” and “witness” have distinct meanings that indicate the individual’s relationship to the investigation and potential legal jeopardy.

• Target: A “target” of a federal grand jury investigation is a person whom the prosecutor or the grand jury believes has substantial evidence linking them to the commission of a crime and is a likely defendant if the grand jury returns an indictment. Being labeled as a target means that the individual is under serious scrutiny and is at risk of being charged with a crime.
• Subject: A “subject” of a federal grand jury investigation is a person whose conduct is within the scope of the grand jury’s investigation. Unlike a target, a subject is someone who might become a target depending on what the investigation uncovers. A subject is under investigation but does not have the same level of implication in the alleged crime as a target. The individual might end up being charged, or they might be cleared as the investigation progresses.
• Witness: A “witness” in a federal grand jury investigation is someone who has information that is relevant to the investigation but is not suspected of being involved in the criminal activity under investigation. Witnesses are usually called to provide testimony or documents that can help the grand jury understand the facts and circumstances surrounding the case. Witnesses are not considered to be in legal jeopardy from the investigation itself, though they could become subjects or targets if the information they provide leads to new evidence.

It is highly advisable to consult with an attorney if you are called to testify before a grand jury. An attorney experienced in representing those who receive Federal Grand Jury subpoenas can guide you on how to properly assert your Fifth Amendment rights and negotiate any potential immunity agreements.

If you are called to testify before a federal grand jury and you believe your testimony might incriminate you, you have the right to assert the Fifth Amendment privilege against self-incrimination. This constitutional right protects you from being compelled to provide testimony that could be used against you in a criminal case.

• Right to Remain Silent: You can invoke the Fifth Amendment and refuse to answer questions if your responses might incriminate you. This privilege can be invoked for any specific question or line of questioning where you reasonably believe your answers could provide a link in the chain of evidence leading to your prosecution.

Your Federal Grand Jury Subpoena Lawyer will assess whether your testimony could possibly incriminate you and give you expert advice on whether your need to assert your Fifth Amendment right.

In some cases, the prosecutor may offer you immunity, which means your testimony cannot be used against you in a criminal case. With “use immunity,” you might still be compelled to testify, but the government must ensure that your testimony and any evidence derived from it cannot be used to prosecute you.

A broader form of immunity, known as “transaction immunity,” protects you from prosecution for any offenses related to your testimony. If granted transactional immunity, you are generally protected from being prosecuted for the matters you testify about.

Your Federal Grand Jury Subpoena Lawyer will advise you on how to proceed and to discuss the possibility of immunity.