Grand Jury Investigations

Most state crimes are prosecuted by a charging document called a Criminal Information which does not require the utilization of a State Grand Jury; Only capital crimes or crimes requiring a potential death penalty are presented to State grand juries; Therefor it is necessary for a skilled lawyer to be familiar with the rules required by presentation of evidence to a federal grand jury; If these rules are not complied with then a skilled criminal defense lawyer should file a motion to dismiss the indictment based upon grand jury abuse; many of the rules explained here are governed and come from the United States Attorney's Manual, a book which states the policies of the Department of Justice and which rule
federal prosecutors follow generally.

A grand jury cannot be used solely to obtain additional evidence against a defendant who has already been indicted; nor can the grand jury be used for pre-trial preparation; It should only be used to obtain a superseding indictment for other defendants or crimes related to the investigation of the original matter.

The approval of the United States Attorney is needed once a federal grand jury returns a no-bill and declines to return an indictment, before a criminal matter is resubmitted to another grand jury. There are also limitations on the use of grand juries to locate fugitives, and the use of subpoenas in such situations, There are also limitations on naming persons as unindicted coconspirators.

A skilled defense attorney should also be familiar with the remedies available if a person refuses to obey a grand jury subpoena, such as contempt proceedings; unlike state subpoenas federal grand jury subpoenas may be served anywhere in the United States. Other rules related to the federal grand jury come into play when the grand jury seeks to obtain evidence and testimony from abroad and Assistant United States Attorneys are required to consult with the Office of International Affairs before issuing grand jury subpoenas for such evidence or testimony; prior approval is also needed before compelling members of the news media before a federal grand jury. There are also limitations concerning the issuance of grand jury subpoenas for credit reports and personal bank or financial records; Appropriate Motions to quash grand jury subpoenas should be considered in such situations.

More Information On Grand Jury Investigations In The State Of Florida From Federal Criminal Defense Attorney, Michael B. Cohen