Defense In Federal Grand Jury Investigations
When grand juries are convened, they are charged with determining whether a case will move forward against an individual. In the instance that you have been served a grand jury subpoena, however, it is important to determine if you are the target of the investigation or a witness who will be testifying.
When you need advice involving a situation that may end up involving a grand jury, you can trust in the counsel of The Law Office of Jeffrey Chabrowe. We protect the rights of clients throughout New York City who face the most serious of criminal charges and/or called to submit grand jury witness testimony.
Table of Contents
Determining If You Are A Witness Or Target
If you have been served a subpoena to appear before a grand jury, it is essential to determine if you are the target of the investigation and grand jury; or, if you are a witness. Many individuals are called before a grand jury to provide testimony but are not the targets of the charges. Nevertheless, the U.S. Attorney’s Office may try to bully you into coming in to discuss the case before the grand jury. In this scenario, it is important to know that you do not have to talk. Once the subpoena is served, the U.S. Attorney’s Office has no right to talk to you in any venue outside of the grand jury.
We work with clients who are witnesses or targets of grand juries to determine what their roles are in these situations. The Law Office of Jeffrey Chabrowe examines the subpoena and digs thoroughly into the case, with the goal of protecting your rights every step of the way. Once a determination is made regarding whether you are a witness or a target, we can refine our defense to ensure that your protection meets our high standards.
Once You Are Indicted
If you are, in fact, the target of a grand jury and are indicted per the proceedings, there is a lot less flexibility in arranging a guilty plea with the prosecutor’s office. For this reason alone, it is essential that you reach out to an experienced attorney when you receive a subpoena or have knowledge that a grand jury may be convened in a case involving you. We may be able to circumvent any indictment if a plea is warranted in this situation.
Why You Need Legal Representation
It is rare for the staff of criminal defense law firms to have as much experience with federal grand juries as we do. Our founder, Jeffrey Chabrowe, spent seven years as a prosecutor with the Manhattan District Attorney’s Office. He saw hundreds of grand jury cases from the side of the prosecution. He has dedicated his practice to criminal law and only criminal law. As a result, you can rest assured that you have a lawyer with truly outstanding knowledge, skill and results handling complex charges.
Common Questions And Answers About New York Grand Juries
Many people are familiar with the work of jurors in criminal trials, but less is known about grand juries because they largely operate out of public view. Nonetheless, if you are under criminal investigation or are even tangentially related to one, it is critical to understand how and why grand juries do what they do.
On this page, we’ve provided answers to common questions prospective clients ask about grand juries. After reading, you can contact The Law Office of Jeffrey Chabrowe to ask us your own questions and receive case-specific guidance during a free initial consultation.
How do I know if I’m a witness or a target?
Those summoned before a grand jury can actually fit into three categories, ordered here by increasing level of suspicion: witness, subject or target. You can certainly ask prosecutors which category you fit into, and they may tell you. Sometimes, targets are informed of their status by receiving a “target letter.”
However, you should know that prosecutors are not legally obligated to give you this information. Moreover, your classification can change at any time. This is particularly true if you are a subject, which is someone whose behavior is seen as suspicious but not necessarily indictable. What you say before and during testimony could change your status.
The best way to determine where you stand is to contact an experienced attorney like Jeff Chabrowe right away. As a former prosecutor who saw hundreds of subpoenas during his time with the Manhattan District Attorney’s Office, Mr. Chabrowe knows what to look for when examining both the subpoena and the details of the case. He can ensure your rights are protected at every step in the process.
When should I talk to an attorney?
You should be contacting an attorney at the first sign of trouble. If you are aware of an investigation, you can reach out to a lawyer before subpoenas are issued. At the latest, however, you should contact an attorney like Mr. Chabrowe immediately upon receiving a subpoena or upon learning that a grand jury may be convened. Being proactive allows us to maximize your legal options, including seeking a plea deal before an indictment is issued.
Why does a case go before a grand jury?
In order for New York prosecutors to charge someone with a state or federal felony, they must secure a grand jury indictment (unless the targeted individual has agreed to cede that decision to a judge). Therefore, grand juries play a crucial role in federal criminal proceedings.
A grand jury does not determine guilt or innocence. Instead, its job is to decide whether one or more people should be charged with a crime based on the evidence and testimony presented.
What is the standard of proof for a grand jury in New York?
The grand jury must determine whether there is sufficient probable or reasonable cause to conclude that an individual or group of people have committed a criminal offense. Note that this is much lower than the standard required to convict someone of a crime: Proof beyond a reasonable doubt.
Because of this lower standard of proof, prosecutors have a lot of power to shape a narrative and influence a grand jury’s decision. That’s one of many reasons why you need an experienced defense attorney by your side who is ready to tell a compelling counter-narrative.
Act Immediately If Your Case Involves A Grand Jury
Even if you have not been charged with anything YET, you should contact an attorney the moment you have reason to believe that the authorities have begun investigating you, and not a moment later. Mr. Chabrowe can start investigating your circumstances and gathering evidence, preemptively, to anticipate what the prosecution’s case against you will look like. To discuss matters in a free initial consultation, please contact his Manhattan office at 212-235-1510. Leave a voicemail with your contact information and we will call you back. Or send him an email.