A federal grand jury is made up of 16 to 23 people. The grand jury is tasked with deciding whether to indict an individual on criminal charges brought by the U.S. Attorney through a Bill of Indictment.

A grand jury determines whether it is likely, based on the evidence available, that you committed the federal offense for which you have been charged. The grand jury does not determine whether you are innocent or guilty of the crimes charged, just whether there is enough evidence that tends to prove that the crime alleged was probably committed and that you were probably involved in the commission of that crime.

The Grand Jury Process

The grand jury hears only evidence presented by the government. Even though it is your future on the line, you do not have the right to be present at a grand jury hearing or during grand jury deliberations.

The federal prosecutor will include a list of witnesses on the Bill of Indictment that may be called during the grand jury investigation. At the end of deliberations, the grand jury will return either:

  • A “no” bill. The grand jury has voted not to indict you and the case against you will not proceed at this time.
  • A “true” bill. The grand jury has voted for indictment.

An indictment is a formal accusation by the grand jury of criminal charges. Once you have been indicted, the federal case against you will proceed.

Should You Be Worried About A Grand Jury Investigation?

If you are under investigation by a grand jury, you should be concerned. If you received a target letter from the U.S. Attorney’s Office, you should be concerned. More often than not, a grand jury will return a true bill, meaning if you are under investigation you are likely headed for indictment.

Expert TipUnder Federal Rule of Criminal Procedure 6(d), only “attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or an operator of a recording device” may be present while the grand jury is in session. Nonetheless, witnesses in front of a grand jury maintain their 5 th amendment right against self-incrimination. The United States v. Hubbell, 530 U.S. 27 (2000) (“In sum, we have no doubt that the constitutional privilege against self-incrimination protects the target of a grand jury investigation from being compelled to answer questions designed to elicit information about the existence of sources of potentially incriminating evidence”). An experienced defense attorney can advise you regarding when to invoke your 5 th amendment right.

It would be wise to talk to a lawyer about your rights and options. Call 919-838-6643 or send an email to request a consultation. Marcilliat & Mills PLLC is based in Raleigh, North Carolina.

State v. B.S.: Not Guilty Verdict in First Degree Murder Case.

In this case, our client was charged with First Degree Murder in connection with a “drive-by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.

State v. S.G.: First Degree Murder Charge Dismissed.

Our client was charged with First Degree for the shooting death related to alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.

State v. B.D.: First Degree Murder Charged Dismissed.

After conducting an investigation and communicating with a prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.

State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death.

Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.

State v. J.G.:

Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.