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Grand Jury Subpoenas

Have you or someone you know received a subpoena to appear before a grand jury? If so, are you unsure of whether you need the services of a lawyer to represent you?  Contact the Law Office of John L. Calcagni III, Inc. for an immediate consultation.

Criminal Defense Attorney
John L. Calcagni is a qualified, experienced, and successful Grand Jury Litigator who will fight for your rights for reasonable and deserved protection or immunity and from self-incrimination in State or Federal Court .

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What is a grand jury?  A grand jury is a group of citizens randomly selected from the community tasked with examining evidence to determine if there is probable cause or a factual basis to believe that a crime has been committed.  If the grand jurors believe that probable cause exists, they return a “true bill” or vote to indict the person or persons against whom they believe there is a factual basis for the charged offenses.  An indictment is issued that formally charges one with a felony offense.  Felony crimes are the most serious types of crimes.  Indictment by grand jury is the main way that the federal government charges felony offenses.  In fact, the federal government must seek indictment by a grand jury to charge you with a felony unless you waive your right to be indicted by the grand jury.  Many states, however, have a different practice:  they may begin with an indictment by a grand jury or the state prosecutor may simply sign and file a formal charge of what is called an “information.”  This grand jury process is used by both federal and state governments as a prerequisite in order to charge felonies, but is required by the federal government. 

A grand jury differs from a trial jury in many ways.  First, it differs in size.  A typical trial jury consists of twelve members.  Grand juries are usually larger and often double in size ranging from twelve to twenty-three members.  Second, the amount of evidence needed for the government to get an indictment from grand jury is much less.  At trial, the government must prove the defendant’s guilt to the charges offense(s) beyond a reasonable doubt.  At a grand jury, however, the government need not prove anything, let alone beyond a reasonable doubt.  Instead, all the government must do to be successful is to present just enough evidence to convince twelve grand jurors that there is a factual, reasonable belief based on facts presented by the prosecutor both that a crime was committed and that the target of the grand jury proceeding committed this crime.  This is what is known as probable cause.  A showing of probable cause requires significantly less evidence than proof beyond a reasonable doubt.  Because of the wide variation in the amount of evidence needed for the prosecution to succeed before a grand jury as opposed to trial, it is much easier for the government to indict than it is to convict.  Third, the votes required for the government to succeed is also less.  At trial, the jurors must vote unanimously to convict the defendant of the crime(s) charges.  Grand jurors, however, must only reach a majority vote in order to return a true bill required for an indictment.  This low vote combined with the prosecution’s low burden of producing evidence of probable cause makes it very easy for the government to seek an indictment.

Contact GRAND JURY SUBPOENA LAWYER John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION

“I am so immensely humbled and impressed by how you represented me before the Federal Court.  Everyone in my family is extremely pleased with your work.  Thank you from the bottom of my heart.”

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The most important difference between grand jury and trial proceedings is the nature in which these separate events are conducted.  For instance, trials are open to the public and non-secret in nature.  They are presided over by a judge with each side at trial, both prosecution and defense, represented by counsel.  Grand jury proceedings are completely different and afford less protection to those being investigated for criminal prosecution.  Grand jury proceedings are conducted in secrecy and are closed to the public.  There is no judge present to preside or supervise what occurs inside.  The only people within the four secretive walls of a grand jury proceeding are the prosecutor who convened the jury for purposes of seeking criminal indictments, and the actual jurors who listen to the evidence.  Defense counsel is not allowed to be present.  Moreover, people who are the target of grand jury investigation are not present, but when they are present, are not entitled to have the presence of a lawyer with them in the grand jury room.  This may come as a surprise to those unfamiliar with the grand jury process.  However, this grim reality underscores the importance of consulting with a lawyer immediately after receiving a subpoena to testify before a grand jury.

A grand jury proceeding is convened by a prosecutor seeking to indict someone he believes committed an offense.  This belief is typically formed following a police investigation into a report of a crime.  Thereafter, the prosecutor convenes the grand jury in order to present the evidence collected, which the prosecutor alleges supports probable cause to believe the defendant is guilty of the crime.  This evidence may be in the form of documents, physical evidence or most commonly, witness testimony.  Grand jury proceedings normally begin with the prosecutor presenting the testimony of the law enforcement agents who participated in the investigation, as well as the evidence they collected.  Thereafter, the prosecutor may present other witness testimony or other evidence.  However, before this may occur, the grand jury must issue a subpoena compelling the attendance of such witnesses or the production of evidence.  If there are additional leads the prosecutor seeks to follow-up, for which the police were unsuccessful, he may ask the grand jury to issue subpoenas for witnesses who have yet to be interviewed, or the production of other evidence that it yet to be collected.  The grand jury can also issue subpoenas on its own if the jurors decide they want to question a certain witness or request production of evidence they have reason to believe exists, but which either the police and/or prosecution have failed to produce.  In reality, however, the prosecutor, who sits alone and in secrecy with the grand jury, is more knowledgeable about this investigation than the grand jurors, so he normally controls the process to which the jurors normally defer.  The prosecutor’s requests are hardly, if ever, denied, and there is no defense attorney or supervising judge to control or challenge his actions.  The control and influence that prosecutors have in these proceedings is enormous, as is their ability to secure indictments.

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As stated above, witnesses are compelled to appear and testify before a grand jury upon issuance of a subpoena.  A subpoena has the same force and effect as a court order and should never be ignored.  Anyone can be subpoenaed to testify before a grand jury, including the suspect(s) of the crimes under investigation and any other related witness.  Any person subpoenaed to a grand jury must appear and is not permitted to have an attorney present during testimony.  This does not mean, however, that persons subpoenaed before a grand jury may not be represented by a lawyer.  Anyone who receives a grand jury subpoena is entitled to retain a lawyer and is strongly encouraged to do so.  Though a lawyer may not accompany his client into the grand jury room, the lawyer can serve many important functions before and during the grand jury process to protect his client’s rights, and most importantly, limit or prevent exposure to criminal liability.

Retaining an attorney after receiving a grand jury subpoena is very important for several reasons.  First, despite what the police may say or promise when serving you with the subpoena, there is truly no way to know for sure if you are the intended target of the grand jury proceeding or just someone of interest who may have knowledge or information related to the underlying investigation.  When approached by law enforcement with a subpoena and told that your testimony is required before a grand jury, the police may tell you that you are not in trouble or that the investigation is not directed at you or that your cooperation is needed.  Be very careful when receiving this advice.  Only the grand jury can decide who should be indicted, not the police or prosecutors.  Though prosecutors have a great deal of control and discretion that may affect the outcome, the grand jurors have the final word regarding indictment.  You truly may not be the target of the grand jury investigation.  However, you may have intentionally or unknowingly engaged in some other conduct that could expose you to criminal liability if you appear before the grand jury and testify regarding your own conduct.  Please note, however, that just because you have potential exposure to criminal liability does not mean that you will actually be charged or prosecuted with a crime.  It means that there is a possibility you could be charged.  In light of this sobering reality, retaining a lawyer early after receiving a grand jury subpoena and truthfully disclosing to him all knowledge and information you have related to the investigation will enable him to analyze your potential criminal liability exposure and take appropriate actions to protect your rights.

When appearing before a grand jury, you will be placed under oath and asked to testify in response to questions posed by the prosecutor.  The grand jurors may also ask you questions.  Your responses to all questions are under oath.  Should you testify falsely, you may be charged with perjury or providing a false statement while under oath.  Therefore, you must tell the truth.  However, because anything you say can be used against you as evidence in a criminal prosecution, testifying truthfully may subject you to criminal liability.  Under these circumstances, you may be entitled to invoke your constitutional protection against self-incrimination.  The 5th Amendment to the U.S. Constitution provides that no person may be compelled to testify against himself.  This legal right is most commonly referred to the right to remain silent.  If subpoenaed to testify before a grand jury and if asked under oath a question to which the answer may incriminate you or subject you to criminal liability, you may claim your 5th Amendment right to avoid testifying.  In fact, it is absolutely necessary for you to do so in order to first, comply with the oath to testify truthfully, and two, protect yourself from self-incrimination and having your testimony used against you as evidence in a criminal prosecution.

It is not easy to know when to claim your right against self-incrimination.  Though you may not have directly committed the offense(s) being investigated by the grand jury, you may have engaged in other conduct, whether related or otherwise, which could potentially result in your own criminal prosecution.  Since your words can be used against you, you must know when to invoke your privilege to avoid giving the prosecutor and grand jury information, including that which they may have not otherwise known, to criminally charge you.  Having the assistance of an attorney to assist you with analyzing these complex issues and preparing to provide your grand jury testimony is the best way to ensure both your compliance with the grand jury subpoena, and protection against criminal prosecution.

Contact GRAND JURY SUBPOENA LAWYER John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION

If you invoke your 5th Amendment privilege, one of two things is likely to happen.  First, your testimony may simply conclude.  Second, and alternatively, the prosecutor may grant you what is called immunity and you may be required to continue with testifying.  Immunity is essentially a promise by the government that if you testify truthfully before the grand jury and answer all questions posed to you, your answers will not be used against you.  If granted immunity, you can no longer rest upon your 5th Amendment privilege to avoid testifying.  Instead, you must testify truthfully.  With a grant of immunity, you may no longer need to worry about self-incrimination.  If you know that you will likely need to claim your right to remain silent during a grand jury proceeding, your lawyer should communicate this fact early to the prosecutor.  This will likely facilitate you receiving a grant of immunity in advance of the proceeding, should the prosecutor still seek your testimony.  This will avoid a situation where you have to actually appear before the grand jury twice: first to invoke your 5th Amendment privilege, and second to testify truthfully after receiving a grant of immunity.

Immunity issues can be very complex, even for lawyers.  A lawyer is needed to assist you with analyzing these issues.  For instance, there are multiple types of immunity and each type provides different protections against criminal prosecution.  Second, often your testimony may expose you to criminal liability in more than one jurisdiction, such in one state and one federal district, or in two or more different states.  The prosecutor who seeks your grand jury testimony is likely to only have authority to grant you immunity against prosecution in his particular jurisdiction.  In some circumstances, this grant of immunity will be limited and insufficient to completely protect you against prosecution in other jurisdictions.  If so, you may still need to invoke your 5th Amendment privilege to protect yourself from criminal liability in those other jurisdictions.  Having a lawyer to assist you with these issues early on is the best approach for protecting yourself from possible criminal exposure and securing the right forms of protection, or immunity, so that you may testify truthfully.

If you receive a grand jury subpoena, be safe by retaining an attorney immediately.  Consult with your attorney regarding your knowledge of facts related to the grand jury investigation.  Become knowledgeable about your right to remain silent or against self-incrimination.  Know how and when to claim this important right.  Also, learn what types of immunity are available to you.  Having the assistance of counsel will help you in this regard, and may enable you to avoid a felony indictment or other serious criminal prosecution that could alter your life forever.

Contact GRAND JURY SUBPOENA LAWYER John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION