what is the role of the attorney during a federal grand jury appearance

Regardless of who initiates a Grand Jury investigation, there is no specific right for a defendant or defense counsel to take part in the proceeding. Thus, the primary role of a defense attorney in regards to the grand jury is filing motions to dismiss improper indictments.

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Who has the authority to conduct grand jury proceedings?

Attorney in the federal district. The grand jury must determine from this evidence, and usually without hearing evidence for the defense, whether the person being investigated by the government should be tried for a serious federal crime, referred to in the Bill of Rights as an “infamous crime.” An

What happens when a grand jury is involved in an investigation?

When a United States Attorney or Assistant United States Attorney needs to appear before a grand jury in a district other than the district in which he or she has been appointed, the United States Attorney for either the district of appointment or the district of the grand jury should complete an appointment letter, appointing the attorney as a Special Assistant United States …

How are grand jurors selected in the United States?

Subparagraph (A) of paragraph (2) provides that disclosure otherwise prohibited, other than the grand jury deliberations and the vote of any grand juror, may be made to an attorney for the government for use in the performance of his duty and to such personnel as are deemed necessary by an attorney for the government to assist an attorney for the government in the …

Can an appointee be called as a witness before the grand jury?

Jun 10, 2016 · During an appearance before the Grand Jury, a witness is required to answer all questions asked, except where the privilege against self-incrimination would apply. A knowingly false answer to any question could be the basis for a prosecution of the witness for perjury.

WHO convenes a grand jury?

Both a grand jury indictment and a preliminary hearing are initiated by the District Attorney, who presents the prosecutor's evidence to determine whether there is probable cause to bring criminal charges against the subject. The procedure for obtaining such determines varies dramatically between the two.

What is the role of a grand jury in the federal judicial process?

A grand jury is presented with evidence from the U.S. 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. ... Grand jury proceedings are not open to the public.

What are the two roles of the grand jury?

It has two main functions: to investigate and to protect citizens against unfounded criminal prosecutions. In its investigative capacity, a grand jury can subpoena documents and witnesses. ... A grand jury does not determine guilt or innocence. A grand jury indictment is required for all federal felonies.

WHAT IS A federal grand juror?

Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.

What does deadlocked mean in a trial?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. ... If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

What rights of the accused does the Fifth Amendment Protect?

In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What's the difference between a jury and a grand jury?

The petit jury listens to evidence presented by both parties during a trial and returns a verdict. A grand jury does not determine guilt or innocence, but whether there is probable cause to believe that a crime was committed. The evidence is normally presented only by an attorney for the government.

Why is it called a grand jury?

The grand jury is so named because traditionally it has more jurors than a trial jury, sometimes called a petit jury (from the French word petit meaning "small").

How do grand juries operate?

The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime. A grand jury may decide not to charge an individual based upon the evidence, no indictment would come from the grand jury.

Which court member dominates the grand jury?

The grand jury also has investigative authority, and it is to serve as a protective shield against unwarranted prosecution. In practice, however, grand juries are usually dominated by the public prosecutors, who are responsible for presenting the evidence to them.

What is an example of a grand jury?

The definition of a grand jury is a large group of people who investigate a crime and decide if there is evidence for a trial. An example of a grand jury is the group, lead by Ken Starr, that investigated president Bill Clinton.

What is the purpose of a grand jury?

While grand juries are sometimes described as performing accusatory and investigatory functions, the grand jury's principal function is to determine whether or not there is probable cause to believe that one or more persons committed a certain Federal offense within the venue of the district court.

When a target is not called to testify pursuant to JM 9-11.150, and does not request

When a target is not called to testify pursuant to JM 9-11.150, and does not request to testify on his or her own motion (see JM 9-11.152 ), the prosecutor, in appropriate cases , is encouraged to notify such person a reasonable time before seeking an indictment in order to afford him or her an opportunity to testify before the grand jury, subject to the conditions set forth in JM 9-11.152. Notification would not be appropriate in routine clear cases or when such action might jeopardize the investigation or prosecution because of the likelihood of flight, destruction or fabrication of evidence, endangerment of other witnesses, undue delay or otherwise would be inconsistent with the ends of justice.

Who advises a grand jury?

It is the policy of the Department of Justice to advise a grand jury witness of his or her rights if such witness is a "target" or "subject" of a grand jury investigation.

Can a federal prosecutor identify an unindicted co-conspirator?

In the absence of some significant justification, federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments. The practice of naming individuals as unindicted co-conspirators in an indictment charging a criminal conspiracy has been severely criticized in United States v. Briggs, 514 F.2d 794 (5th Cir. 1975).

What is the rule for subpoenas in federal court?

Under Rule 17 (g) of the Federal Rules of Criminal Procedure, a failure by a person without adequate excuse to obey a subpoena served upon him or her may be deemed a contempt of the court .

Who has the discretion to notify an individual who has been the target of a grand jury investigation?

The United States Attorney has the discretion to notify an individual, who has been the target of a grand jury investigation, that the individual is no longer considered to be a target by the United States Attorney's Office. Such a notification should be provided only by the United States Attorney having cognizance over the grand jury investigation.

Can a prosecutor present evidence to a grand jury?

A prosecutor should not present to the grand jury for use against a person whose constitutional rights clearly have been violated evidence which the prosecutor personally knows was obtained as a direct result of the constitutional violation.

Why was Rule 6 amended?

The language of Rule 6 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic, except as noted below.

What is an alternate juror?

Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors. (b) Objection to the Grand Jury or to a Grand Juror. (1) Challenges.

How many members are needed for a grand jury?

A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. (2) Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors.

Who signs all indictments?

The foreperson may administer oaths and affirmations and will sign all indictments. The foreperson— or another juror designated by the foreperson —will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders.

Can an indictment be returned to a federal magistrate?

Under the proposed amendment to rule 6 (f), an indictment may be returned to a federal magistrate. (“Federal magistrate” is defined in rule 54 (c) as including a United States magistrate as defined in 28 U.S.C. §§631 –639 and a judge of the United States.) This change will foreclose the possibility of noncompliance with the Speedy Trial Act timetable because of the nonavailability of a judge. Upon the effective date of certain provisions of the Speedy Trial Act of 1974, the timely return of indictments will become a matter of critical importance; for the year commencing July 1, 1976, indictments must be returned within 60 days of arrest or summons, for the year following within 45 days, and thereafter within 30 days. 18 U.S.C. §§3161 (b) and (f), 3163 (a). The problem is acute in a one-judge district where, if the judge is holding court in another part of the district, or is otherwise absent, the return of the indictment must await the later reappearance of the judge at the place where the grand jury is sitting.

What is the new subdivision (a) (2)?

New subdivision (a) (2) gives express recognition to a practice now followed in some district courts, namely, that of designating alternate grand jurors at the time the grand jury is selected. (A person so designated does not attend court and is not paid the jury attendance fees and expenses authorized by 28 U.S.C. §1871 unless subsequently impanelled pursuant to Rule 6 (g).) Because such designation may be a more efficient procedure than election of additional grand jurors later as need arises under subdivision (g), the amendment makes it clear that it is a permissible step in the grand jury selection process.

How long does a grand jury serve?

A grand jury must serve until the court discharges it, but it may serve more than 18 months only if the court, having determined that an extension is in the public interest, extends the grand jury's service. An extension may be granted for no more than 6 months, except as otherwise provided by statute.

What is a witness to a crime?

You may have been a witness to a crime, or heard something about a crime, or have witnessed an event related to the commission of a crime. You may possess information concerning a crime, even though you may not recognize it as such.

How much do grand jury witnesses get paid?

Grand Jury witnesses are entitled to the same witness fees and travel expenses as all other witnesses. You will receive a $40 witness fee for each day your are required to be in court, or attend a pretrial interview, including travel days. You will not be reimbursed for lost wages. In addition, all legitimate travel expenses related to your testimony will be reimbursed by the government. You will be reimbursed for travel by the least expensive method available. If your testimony requires you to travel by plane or stay overnight, your travel will be arranged through the government travel agency and your airfare and lodging costs will be paid directly by the government. DO NOT MAKE ANY TRAVEL ARRANGEMENTS UNTIL YOU HAVE SPOKEN WITH THE U.S. ATTORNEY'S OFFICE. IF YOU MAKE YOUR OWN TRAVEL ARRANGEMENTS WITHOUT CONSULTING WITH THE USAO, WE MAY BE UNABLE TO REIMBURSE YOU IN FULL FOR YOUR COSTS.

Who is present in a grand jury?

The only individuals who may be present while testimony is being given are members of the Grand Jury, attorneys for the government, the testifying witness, an interpreter when needed, and a court reporter to record the testimony.

How long does a grand jury last?

A Grand Jury consists of from 16 to 23 citizens, who serve for a period of up to 18 months. Members of the Grand Jury are selected at random from the list of prospective jurors, from which trial jurors are also chosen.

Do you get reimbursed for mileage?

If two or more witnesses travel in the same privately owned vehicle, only one reimbursement for mileage will be made. If the government requires you to stay overnight, you will also receive a standard per diem to cover your food costs.

What are the duties of a grand jury?

Special federal grand juries may be impaneled by the chief judges of the various federal districts to investigate criminal activity. 37 The special grand juries are utilized to conduct lengthy and complex investigations. They are authorized to submit reports: 1 concerning noncriminal misconduct, malfeasance, or misfeasance in office involving organized criminal activity by an appointed public officer or employee as the basis for a recommendation of removal or disciplinary action; or 2 regarding organized crime conditions in the district. 38

What happens after a grand jury is presented?

After that evidence is presented to the grand jury, it decides whether there is probable cause to indict the accused. The accused is not given the opportunity to present evidence in his defense or cross-examine witnesses at the grand jury phase.

How many members are in a petit jury?

The petit or trial jury normally consists of six members 9 (12 in capital cases and in cases of land condemnation). 10 The trial jury is the body which determines the ultimate guilt or innocence of the accused following a trial. Unlike the trial jury, however, the grand jury simply makes a predicate determination of whether there is probable cause ...

Do grand juries go in secret?

Historically, grand juries proceed in secret. The grand jury session, deliberations, and voting are closed. 15 The courts so zealously guard that veil of secrecy they have closed proceedings merely ancillary to the grand jury session. In Palm Beach Newspapers, Inc. v. Doe, 460 So. 2d 406, 409 (Fla. 4th DCA 1984), the court held that the grand jury statute required closure of ancillary hearings conducted out of the grand jury’s presence, but while the grand jury was in session. As discussed, the court in Afendoulis determined the grand jury statute mandated closure of motions to repress and hearings on the motions. In sum, although most of the interests in grand jury secrecy are protected if the grand jury session itself is closed, the courts have been receptive to arguments which urge that the cloak of secrecy be extended beyond the grand jury session itself. That cloak, however, does not exempt criminal investigative records compiled independent of, and prior to, a grand jury session, although presented to the grand jury, from disclosure under the Florida Public Records Act. 16

What is a probation officer?

But before the court does so, a probation officer will conduct a background investigation. The probation officer will investigate any aggravating and mitigating factors present in the case and will prepare a pre-sentence report summarizing those factors for the judge. Most reports contain a variety of information that may be helpful to the court: e.g., information about the offender’s prior criminal record, personal characteristics, financial condition, social history, and circumstances affecting his or her behavior, as well as information regarding the effect of the crime on the victim.

What is restitution in criminal law?

Restitution is a monetary payment made by an offender to the victim to compensate the victim for the financial harm caused by the crime. In some cases, restitution is a mandatory component of the sentence, and the judge must order to offender to pay it.

What is the purpose of a federal investigation?

If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:

Can a grand jury subpoena a grand jury?

Alternatively, the agents can request a subpoena from a grand jury. A grand jury is an impartial body of citizens drawn from the community that has the responsibility to investigate whether a crime has been committed and by whom.

What is white collar crime?

In the case of federal offenses that are colloquially known as white-collar crimes (e.g., violations of the federal securities laws), agents often will need to obtain documents from suspects and innocent parties as part of the investigation.

What is the power of a grand jury?

As part of its investigation, the grand jury also has power to compel testimony, including the testimony of a crime victim. If the grand jury concludes that there is probable cause to believe that a particular individual committed a crime, the grand jury will issue a charging document known as an indictment. Whenever a grand jury is involved in an ...

What happens if a grand jury returns an indictment?

If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings. If there has been no arrest warrant or indictment, the arresting agents must bring the suspect before a magistrate (or judge), who then will determine whether there is probable cause to believe that the arrestee committed a crime. This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent. In some cases, the defendant may be released at the initial appearance. But in other cases, the prosecutor may seek to have the accused held in custody until the trial has concluded because the accused is seen as a danger to the community.

I. Florida’s Grand Jury Structure

• A grand jury must consist of between 15 and 21 persons.5 Grand jurors are appointed for one term of court, normally five to six months of intermittent service.6 The concurrence of 12 grand jurors is necessary to indict an individual.7 Whether or not an indictment is returned, the grand jury may issue presentments or reports recording their findings.8In Florida, grand juries may inv…

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II. Secrecy and Disclosure

III. Florida’s Statewide Grand Jury System

IV. The Federal Grand Jury Structure