How a grand jury investigation works
A grand jury is a group of citizens who hear evidence presented by prosecutors and decide whether to bring charges, and it is also a powerful investigative tool because it can compel documents and testimony. Federal grand juries can sit for extended periods and gather evidence long before any indictment. The proceedings are secret, so people often learn about an investigation indirectly, through subpoenas to others, inquiries at their bank, or visits from agents. In federal practice, prosecutors sometimes notify a person that they are a target, meaning there is substantial evidence linking them to a crime, while a subject is someone whose conduct falls within the scope of the investigation.
New York grand juries work differently
State grand jury practice in New York has features of its own. A person facing a felony charge in New York generally has a right to testify before the grand jury if proper notice is given, which is a significant strategic choice with real risks. Witnesses who testify in a New York grand jury generally receive broad immunity automatically, but a person who asks to testify about their own possible charge generally must sign a waiver first. Whether to testify, waive immunity, or stay silent is a decision that should not be made without counsel.
Responding to signs of an investigation
If you think you are part of a grand jury investigation, do not contact other witnesses about their testimony or what they were asked, because that can raise obstruction concerns. Keep documents and devices intact. A lawyer can often learn from prosecutors whether you are viewed as a witness, a subject, or a target, and whether there is a chance to present information before a charging decision. That sometimes includes a proffer session, which carries its own risks and needs careful preparation. Our first discussion focuses on what you have received or heard, who else has been contacted, and what the prosecutors are likely examining.
