Practice Overview

Grand Jury

Nathans & Biddle has extensive experience representing corporate executives, physicians, attorneys and other persons called before the grand jury in federal and state proceedings, including persons required to produce records. We have represented dozens of individuals and companies who were the targets of grand jury investigations, but who were never charged. We have negotiated for our clients to receive formal, statutory or informal immunity.  Finally, we have represented clients who have received subpoenas and, through effective legal representation or negotiation, were not required to appear before the grand jury. Although sometimes people believe that turning over records or appearing before a grand jury without legal representation demonstrates they have nothing to hide, it is best to consider all legal options and consequences before proceeding in the grand jury process.

Following is a brief description of the grand jury process that may assist clients in identifying when to seek legal counsel.

The grand jury subpoena is one of the most powerful tools of law enforcement. Without showing probable cause, reasonable suspicion, or any minimal evidentiary standard, the government can force an individual to answer questions under oath before grand jurors without an attorney being physically present.

Persons called to testify, or persons subject to grand jury subpoenas, generally fall into three categories: targets, subjects, and witnesses. Targets are usually considered to be people against whom the prosecutors intend to bring criminal charges at some point.  Subjects are persons who may or may not become targets, but whose behavior falls within the scope of the grand jury's investigation. Witnesses have no potential personal responsibility for acts of interest to a grand jury. However, they may have information which the prosecutor believes the grand jury needs to indict a target.

Because prosecutors have such discretion in conducting grand jury investigations, and deciding whom to charge, attorneys for persons called to testify before the grand jury or whose conduct is subject to investigation by a grand jury, need to learn as much as they can about the incidents in question and to confer with prosecutors regarding the evidence in a case. Sometimes, witnesses called to testify should assert the right not to answer questions. Other times, witnesses may, after consultation with counsel, decide to testify. Sound advice on possible options, investigation of the pertinent facts, consideration of legal avenues to quash or limit the scope of subpoenas and consultation with prosecutors is the key to effective representation before the grand jury.

Whether you have been subpoenaed as a target, subject or a witness to participate in a grand jury proceeding, it is important to have an experienced attorney to provide effective legal counsel and protect your rights.