Grand Jury Investigations
Grand jury investigations are often the first visible sign of a federal criminal case.
In federal court, nearly all felony charges must be brought by indictment. Before an indictment is returned, prosecutors present evidence to a grand jury. A grand jury is a panel of citizens who determine whether there is probable cause to charge someone with a crime.
Grand jury proceedings are conducted in secret. The prosecutor controls the presentation of evidence. Witnesses testify under oath. Targets do not have a right to present evidence unless invited by the government.
If you learn that you are involved in a grand jury investigation, you are already in a serious situation.
Target, Subject, or Witness and What Is the Difference?
Federal prosecutors use specific terms:
Target
A person against whom the government believes it has substantial evidence linking them to the commission of a crime and who is a putative defendant.
Subject
A person whose conduct falls within the scope of the investigation but against whom the government has not yet made a final charging decision.
Witness
A person believed to have information relevant to the investigation, but who is not currently considered a suspect.
These labels matter...but they can change quickly.
Target Letters and “Knock-and-Talk” Interviews
If you receive a target letter, it typically means the government intends to seek an indictment. Sometimes agents will serve the letter in person and immediately request an interview.
This moment is critical.
Agents are trained to appear informal and conversational. They may suggest this is your opportunity to “clear things up.” But by the time you are formally identified as a target, prosecutors have already formed a view of the case.
You will not talk your way out of being a target during that initial encounter.
What often happens instead is that a target makes statements that:
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Lock them into a version of events
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Create inconsistencies the government later characterizes as false
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Expand the scope of the investigation
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Shape the narrative presented to the grand jury
Cases are frequently compromised or lost during these early interviews.
If You Are Contacted
If agents contact you:
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Do not agree to an immediate interview.
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Do not attempt to explain your situation.
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Do not assume you can “clarify” misunderstandings.
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Politely decline and state that you would like to speak with counsel.
Then call an experienced defense attorney immediately.
There is no downside to invoking your right to counsel. There can be significant downside to speaking without one.
Strategic Early Intervention
Early representation in a grand jury investigation may include:
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Communicating directly with the prosecutor
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Evaluating whether a proffer is appropriate
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Assessing subpoena exposure
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Conducting an independent factual review
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Engaging forensic experts where necessary
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Positioning the case to avoid indictment when possible
In some cases, early, disciplined advocacy can prevent charges altogether. In others, it shapes the case in ways that meaningfully affect outcome.
Grand jury investigations move quickly and quietly. The decisions made in the first days often determine the direction of the case.
If you have received a target letter or been contacted by investigators, contact Dinkin & Moore for a confidential consultation.