What to Expect When Facing a Grand Jury Investigation
Being the subject of a grand jury investigation can bring confusion, fear, and uncertainty. These proceedings often signal that a federal criminal investigation is underway, and the outcomes can significantly impact a person’s future.
Brian J Lockwood LLC has helped clients in Mobile, Alabama, understand their rights and prepare for what’s ahead. Knowing what to expect during a federal criminal investigation is the first step in making informed decisions and protecting one’s future.
What Is a Grand Jury Investigation?
Grand juries are different from typical courtroom trials. Unlike trial juries, grand juries don’t determine guilt or innocence. Instead, they assess whether there’s enough evidence for prosecutors to pursue criminal charges. This process is often the starting point in a federal criminal investigation.
Grand juries are made up of 16 to 23 people who listen to evidence presented by prosecutors. Defendants don’t have the right to present their defense or call witnesses at this stage, though they may be subpoenaed to testify.
Because the process is secret, individuals often don’t even realize they’re under investigation until they receive a subpoena or a target letter.
Signs You May Be Under Investigation
There are a few key signs that someone may be involved in a federal criminal investigation. These early warning signs shouldn’t be ignored, as quick action can make a difference in how the case develops.
Common indicators include:
Receiving a subpoena: If you're served a subpoena to provide documents or appear before a grand jury, you’re likely part of the investigation—whether as a witness, subject, or target.
Being contacted by federal agents: Direct outreach from the FBI, DEA, IRS, or other federal agencies may signal an active investigation.
Receiving a target letter: A target letter is a clear indication that the prosecution believes you may have committed a federal crime.
Each of these signs should be taken seriously, as they suggest involvement in an active federal criminal investigation.
Witnesses, Subjects, and Targets
Understanding how prosecutors categorize individuals in a grand jury case can clarify your position in the investigation.
The roles include:
Witness: Someone believed to have relevant information but no suspected wrongdoing.
Subject: A person whose conduct is under review, and who may become a target depending on the evidence.
Target: A person the prosecutor believes committed a crime and is likely to be indicted.
The Department of Justice often sends target letters when someone is the focus of a federal criminal investigation. However, it’s still possible to move between these categories depending on cooperation and evidence.
What Happens During Grand Jury Proceedings
Unlike traditional courtroom settings, grand jury proceedings are secret. This is designed to protect the integrity of the investigation and encourage honest testimony.
Here’s what typically occurs:
Prosecutors present evidence: This may include witness testimony, physical evidence, or financial records.
Witnesses testify under oath: If subpoenaed, witnesses must testify. They may assert their Fifth Amendment rights to avoid self-incrimination.
No judge or defense attorney present: These proceedings are controlled by the prosecution. Judges and defense lawyers don’t participate in the room.
Jurors decide whether to indict: If a majority of jurors believes there’s probable cause, they’ll issue an indictment.
Because of the secretive nature and lack of defense involvement, federal criminal investigation outcomes during this stage can feel one-sided. That's why legal preparation is so critical.
How to Respond to a Grand Jury Subpoena
Receiving a subpoena from a grand jury should never be ignored. Subpoenas may compel you to testify or provide documents, and failure to respond can lead to legal consequences.
When facing a subpoena, individuals should:
Review it carefully: Subpoenas will detail what is being requested and when.
Avoid destroying documents: Tampering with evidence can lead to additional charges.
Contact a lawyer immediately: Even if you’re only a witness, legal guidance is crucial to protect your rights.
Prepare for testimony: Your lawyer can help you understand what questions may be asked and how to respond truthfully without self-incrimination.
These steps can help minimize the risk of becoming a target in a federal criminal investigation.
Your Rights During the Investigation
Even though grand jury proceedings are one-sided, individuals still have rights under federal law.
Key rights include:
The right to remain silent: You can refuse to answer questions that may incriminate you.
The right to legal counsel: While your lawyer can’t join you in the grand jury room, they can advise you beforehand and wait nearby.
The right to review certain evidence: If you’re charged, you may have access to grand jury transcripts and evidence later in the case.
Knowing your rights during a federal criminal investigation can help prevent accidental self-incrimination and reduce long-term legal exposure.
When Indictments Are Issued
An indictment is a formal charge that allows a federal prosecutor to bring a case to trial. It means the grand jury found probable cause that a crime was committed and that you likely committed it.
After an indictment:
You’ll be formally charged: The court will issue a warrant or summons for your appearance.
You’ll go through an arraignment: This is when charges are formally read, and you’ll enter a plea.
You’ll begin the pretrial process: This may include plea negotiations, motions, or trial preparation.
Once indicted, the stakes become much higher. The case moves into federal court, and your defense strategy becomes central to your outcome.
Mistakes to Avoid When Under Investigation
The wrong move can escalate your legal risk. Even innocent mistakes can be interpreted as obstruction or a lack of cooperation.
Avoid the following:
Talking to federal agents without a lawyer: Anything you say can be used against you later.
Destroying or hiding evidence: This can lead to obstruction charges.
Discussing the investigation with others: Grand jury matters are confidential, and leaking information can have legal consequences.
Lying under oath: False testimony carries serious penalties, including perjury charges.
Ignoring subpoenas or deadlines: This can trigger contempt proceedings or arrest.
Avoiding these missteps helps maintain credibility and limits unnecessary legal complications.
Common Offenses That Lead to Federal Grand Juries
Not every offense rises to the level of a federal investigation. However, certain allegations frequently trigger grand jury proceedings.
These include:
White-collar crimes: Fraud, embezzlement, insider trading, and other financial offenses.
Drug trafficking: Especially cases that cross state or national lines.
Public corruption: Bribery, misuse of funds, and official misconduct.
Tax evasion: Especially when large sums or multiple parties are involved.
Immigration fraud: Includes falsified documents or unauthorized employment schemes.
Each of these offenses may trigger a federal criminal investigation due to their broad scope and impact.
What Happens if You're Not Indicted
Just because you're investigated doesn’t always mean you’ll be charged. Sometimes grand juries decline to indict, especially if the evidence is weak.
When this happens:
You won’t face charges: The prosecution may still gather more evidence and return to the grand jury later.
You should stay cautious: Being cleared once doesn’t necessarily mean you're free from future legal action.
Maintain legal records: Retain any documents, communications, or legal guidance in case the investigation resumes.
Non-indictment can be a relief, but it’s not always the end of the road in a federal criminal investigation.
Start Building Your Defense Now
Brian J Lockwood LLC helps individuals in Mobile, Alabama, and the surrounding areas respond to grand jury investigations and federal criminal investigations. If you're a witness, subject, or target, it's important to know your rights early. Reach out today to get in touch with an experienced criminal defense attorney.
