Federal and State Grand Jury Investigations
The Purpose of the Grand Jury:
A Grand Jury does not determine guilt or innocence. It only makes a preliminary determination whether there is enough evidence to formally accuse someone of a crime by returning an Indictment and thereby causing that person to be brought to trial where the Petit Jury will make a determination of whether the individual is guilty or not guilty.
The Classification of Grand Jury Witnesses:
Individuals subpoenaed before a Grand Jury are classified as targets, subjects or witnesses. A “target” is an individual who the prosecutor believes has violated the law and most likely will be charged with a crime based upon the Grand Jury’s investigation. A “witness” is an individual who the prosecutor believes has not violated the law but who has evidence or information relevant to the Grand Jury’s investigation. Finally a “subject” is an individual about whom the prosecutor has not decided whether the individual will be a target or witness and so the individual is classified in the middle position between target and witness
Sam Rabin has been on both sides of grand jury practice. As a prosecutor, he has presented cases to grand juries. As a criminal defense lawyer, he has represented individuals and companies subpoenaed to appear before a grand juiry or subpoenaed to produce records and documents to a grand jury.
If receive a grand jury subpoena, you should have a lawyer with grand jury experience to assist you during the process. Never appear before a grand jury without first consulting with a lawyer. If you are subpoenaed, you need to know your rights. Call Sam Rabin if you receive a grand jury subpoena because he will educate you about your situation, and he will protect you and your rights. Do not handle something as important as a grand jury subpoena that could affect your liberty by yourself.