Federal Grand Juries, Subpoenas & Proceedings

Miami Federal Crime Lawyers Protecting Your Rights & Freedom

Federal grand juries are groups of citizens empowered by United States law to conduct legal proceedings. A federal grand jury is presented with evidence from the United States attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is “probable cause” to believe the individual has committed a crime and should be put on trial.

Federal grand juries were originally created to protect people from being unfairly charged with federal crimes. Their job was to listen to federal prosecutors and their witnesses (usually federal law enforcement agents) present one-sided evidence (mostly hearsay) in order to return indictments if “probable cause was shown.” In fact, they only do the latter: Grand juries exist to indict people – not to protect them.

Today, federal grand juries are rightly thought of as rubber stamps for the government prosecutors. It is extremely rare for grand juries to vote against returning a federal indictment as requested by the prosecutors. When such a rare occurrence does happen, the prosecutors simply take the case to another grand jury, where they are almost guaranteed to get the indictment that they sought from the first grand jury.

Grand jury proceedings are closed to the public, the media, and even to the lawyers representing the person about to be charged. Basically, a grand jury proceeding is akin to a star chamber proceeding – unfair in every way.

Federal grand juries have wide latitude and substantial powers for gathering evidence, typically by issuing subpoenas. Of course, grand juries don’t act on their own. They are run, managed, and manipulated at every stage by federal prosecutors. A special relationship often develops between the prosecutors and the grand jurors, who serve for months at a time. Don’t be naïve — never forget that grand jurors are there to do the bidding of the prosecutors, and they do it on a daily basis.

If you are served with a grand jury subpoena, you will see that the subpoenas always have the name of a federal prosecutor and sometimes federal agents on it too. If you receive a federal grand jury subpoena, you should immediately contact a seasoned, Board-Certified criminal defense lawyer who has experience dealing with federal grand jury matters.

Jeffrey S. Weiner is a Board-Certified Criminal Trial Lawyer who has defended clients in federal grand jury investigations in the Southern District of Florida and around the country for more than 50 years.

Federal Grand Juries

A grand jury must have at least 16 members, but no more than 23. A quorum requires at least 16 grand jurors present for a grand jury session. 

Grand jurors may serve for as long as 18 months, and sometimes for an additional 6 months. However, there will always be a federal grand jury ready to indict you.

Some federal districts, usually the smaller districts, often have only one grand jury sitting at a time. In larger and busier federal districts such as the Southern District of Florida, the Southern District of New York, the Northern District of Illinois, and others based in large cities, multiple federal grand juries sit all the time. Grand juries for the Southern District of Florida convene at the Wilkie D. Ferguson, Jr. United States Courthouse in downtown Miami.

Twelve jurors must vote in favor of returning a federal indictment before an indictment can be presented to a federal judge. When a federal grand jury votes to return an indictment, it is said that the grand jury voted to return a “true bill.” In the rare instance, as discussed above, when there is a “no bill,” no double jeopardy issues come into play and the case can simply be presented to another grand jury. 

Know that a federal grand jury may continue to investigate a particular alleged crime even after an initial indictment is returned. There are restrictions in this regard, and your criminal defense lawyer will know about them. For example, a grand jury may not legally continue its “investigation” simply to obtain additional evidence supporting the charges in a federal indictment that has already been returned.

What Is a Federal Target Letter?

A target letter is a written notice from the United States Attorney’s Office. It tells you that prosecutors already believe they have evidence linking you to a federal crime, and that you may be charged.

The letter often lists the criminal statutes under investigation. It may also invite you to meet with prosecutors before an indictment is sought. Do not respond to a target letter on your own. Call a federal criminal defense lawyer first.

Under the Department of Justice’s own policy, a person is a “target” if the government has substantial evidence linking them to a crime and the prosecutor thinks may become a defendant. (Source: Justice Manual 9-11.151, U.S. Department of Justice.)

Target, Subject, or Witness: Know the Difference

Not everyone contacted during a federal investigation is a target. The Department of Justice recognizes three categories of people connected to a grand jury investigation.

• Witness: someone who may have information about the case but is not currently suspected of a crime.
• Subject: someone whose conduct falls within the scope of what the grand jury is investigating.
• Target: someone the government already believes committed the crime under investigation and may indict.

Your status can change as an investigation moves forward. A witness can become a subject. A subject can become a target. This is one reason it helps to involve a lawyer as early as possible, even before a formal letter arrives.

What Is a Proffer Session?

A proffer session, sometimes called a “proffer meeting,” is a formal interview between you, your lawyer, and federal prosecutors. You answer questions about the investigation, usually under a limited, written agreement that your own words will not be used directly against you in a later prosecution.

A proffer is not full immunity. Prosecutors can still use leads from what you say to gather other evidence, and the limited protection can disappear if you are not truthful. Whether to proffer, and what to say, should only be decided after your lawyer has reviewed the government’s likely evidence against you.

A well-handled proffer can lead to a declined prosecution, reduced charges, or a cooperation agreement. A poorly handled one can hand the government evidence it did not already have.

What to Do If You Receive a Target Letter or Grand Jury Subpoena

1. Do not contact the prosecutor or federal agents yourself. Anything you say can be used later.
2. Do not destroy, alter, or delete any document or record connected to the investigation. Doing so can itself be charged as obstruction of justice.
3. Call a federal criminal defense lawyer before any deadline listed in the letter.
4. Let your lawyer contact the Assistant United States Attorney to learn what is driving the investigation.
5. Decide, with your lawyer, whether a proffer session, grand jury testimony, or silence is the right strategy for your case.

Frequently Asked Questions About Federal Grand Juries

What does it mean to receive a federal grand jury subpoena?

It means the government wants you to testify or produce documents for a grand jury investigation. It does not necessarily mean you are a target.

What is the difference between a subpoena and a target letter?

A subpoena orders you to appear or produce records. A target letter tells you the government already believes you committed a crime.

Do I have to testify if I get a grand jury subpoena?

You may have to appear, but you can assert your Fifth Amendment right against self-incrimination for specific questions. A lawyer should review the subpoena before you respond.

Can my lawyer be in the grand jury room with me?

No. Only jurors, the prosecutor, the witness, an interpreter if needed, and a court reporter may be present. You can step outside to consult your lawyer between questions.

What happens if I ignore a target letter?

The investigation continues without you. Prosecutors typically move forward and seek an indictment from the grand jury.

Is a proffer session the same as testifying before the grand jury?

No. A proffer is an informal, out-of-court interview with prosecutors. Grand jury testimony is formal, on the record, and given directly to the grand jurors.

Can what I say in a proffer session be used against me?

Under a standard proffer agreement, your direct statements generally cannot be used against you at trial, but the government can still use leads from what you say. Lying during a proffer can void that protection.

What is a “true bill”?

A true bill is the grand jury’s vote to return an indictment. At least 12 of the 16 to 23 grand jurors must agree.

How long does a federal grand jury investigation usually last?

It depends on the complexity of the case. A grand jury’s term is typically 18 months, and can be extended by up to 6 months.

Where Southern District of Florida Grand Juries Sit

Federal grand juries for the Southern District of Florida sit at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. The U.S. Attorney’s Office for the Southern District of Florida empanels these grand juries and presents evidence to them.

Are You Worried About a Federal Grand Jury Indictment?

If you received a federal grand jury subpoena or a target letter, call Jeffrey S. Weiner, P.A. at (305) 670-9919. The firm is available 24 hours a day, 7 days a week, and offers free initial consultations.