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When facing a grand jury as either a witness or the accused, it's important that you obtain proper legal counsel from a criminal lawyer. You'll need to know how to handle certain questions, what evidence to present in your defense, and so on. A criminal attorney can ensure that you use all the defenses available to you to possibly prevent an indictment. Brief Definition of the Grand Jury A grand jury differs from a trial jury in that the grand jury only decides whether or not the accused should be indicted (charged with the crime) or if the case should be dropped. The grand jury listens only to federal cases before they move forward to trial. The jury is sworn in by a judge, but there is no judge to oversee the proceedings. The United States Attorney General presents the evidence, and witnesses are allowed to give testimony to the jury. The jury then weighs the evidence to determine if charges should be filed. Common federal crimes that are brought before a grand jury include but are not limited to organized crime, counterfeiting, bank robbery, kidnapping, threatening a public official and tax-related crimes such as tax evasion. The grand jury has the authority to call witnesses and subpoena personal and/or business records. Witnesses are sometimes indicted as well, so even if you are only called as a witness, you might consider speaking with an attorney beforehand. Though a criminal lawyer cannot be physically by your side during the grand jury proceedings, he can wait outside the courtroom and be available if you have questions. You are allowed to step outside and speak with your attorney during the grand jury session. This is wise if you want to avoid saying things that might incriminate you. A criminal attorney can also help you prepare your testimony and evaluate the situation ahead of time. This could very well determine whether your case proceeds to a more serious federal court trial or gets dismissed. If you do get indicted, your attorney can act as your legal defense during the trial as he will already be familiar with your case. Things to Know about the Grand Jury You can take written notes during the grand jury session, so this enables you to write down any questions to discuss with your attorney later. Also, pre-grand jury interviews should be avoided. These can entrap you with questions that should be talked over with your attorney. Also, if you are accused of lying during this questioning, this is an automatic federal crime in itself. It's crucial that you wait and give your testimony during the grand jury session when witnesses are present and all statements are being recorded. Also, be aware that your criminal attorney is allowed to accept the served subpoena on your behalf. This helps you avoid any embarrassment of being served at your place of business, in front of your family, or anywhere in public. Once you've selected a lawyer, ask that he insist on secrecy of the grand jury trial as well as secrecy of your being served. You have the right to this type of privacy until an actual indictment takes place. Those participating in the grand jury session cannot reveal that you have even been served a subpoena to appear, but sometimes people get sloppy if you don't insist on this secrecy up front. When seeking a criminal lawyer for your grand jury appearance, be sure to choose one carefully. It will be more convenient for you if you can find a skilled lawyer with grand jury experience in your local area. He will be readily available to you when you need help with your case. You can easily use online resources to find criminal lawyers in your area. If you live in Florida, for example, and need to find a legal representative in Miami, use keyword searches such as "Miami criminal lawyer" or "Miami criminal attorney." Other examples for Florida legal searches are "Fort Lauderdale criminal attorney" and "West Palm Beach criminal lawyer." The key is to remain calm and allow your criminal lawyer to guide you through the process. You'll feel more confident knowing that a knowledgeable professional is available before, during and after your grand jury session.
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