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This post explains how the investigating grand jury process works in the federal court system, from the point of view of an experienced New Jersey federal criminal defense lawyer,

The Investigating Grand Jury in Federal Cases

This type of grand jury investigates a case to determine whether or not an indictment is warranted. First, an investigating grand jury typically requests and obtains documents through issuing subpoenas. From there, the prosecutor typically follows this process with the investigating grand jury:

  • Calls non-essential witnesses or presents their testimony via agents
  • Calls immunized cooperators and witnesses
  • Goes back to see if previously uncooperative witnesses are now willing to testify
  • Finishes presenting their case with an agent who summarizes the investigation and provides information about missing details

This process can take months or even years to unfold, and the investigation doesn’t end just because the grand jury’s term does. The prosecutor may elect to extend the grand jury’s term, or they may have a government agent summarize everything for a new grand jury. When the time comes to make a charging decision, the prosecutor summarizes all documents and testimony to the grand jury. Before the grand jury votes, the prosecutor explains the legal aspects of the charges and how their evidence may satisfy the elements of those charges. The prosecutor asks the jury if there are any questions and then provides them with the completed proposed indictment. Investigating grand juries don’t draft indictments. Rather, they vote up or down on them. A majority vote is enough to return an indictment, and the defense never learns the specific numbers of the vote, just that they indicted or not.

Hire a Skilled New Jersey Federal Criminal Defense Lawyer

If you are facing federal criminal charges, including are being investigated by a federal grand jury, it is crucial to obtain experienced legal representation as soon as possible.  You can call me, Tim Anderson at  (732) 212-2812 to schedule an appointment to confidentially discuss your matter.