What is a Grand Jury in a Federal White Collar Case?

Have you recently learned that you are under federal investigation for a fraud-related or other white collar criminal offense? It can be extremely anxiety-inducing to learn that you could be facing federal charges, and that you could be tried in a federal court for a criminal offense that could result in many years in prison upon conviction. One way in which you may learn that the federal government believes that you have committed a crime is that you will receive formal notice to this effect. What that formal notice will indicate is that a federal prosecutor will be presenting your case to a grand jury.

What is a grand jury, and how does it operate in fraud and other federal white collar criminal cases? Our Tampa federal criminal defense attorney can explain the grand jury and its process in more detail below, and we are here to begin working with you on a defense strategy for your case today.

How a Grand Jury Works 

Unlike in state criminal cases, when a person is being investigated by the federal government for a felony criminal offense, the federal government does not immediately proceed to charging the person and moving forward with a criminal trial. Instead, there is a step that involves something known as a grand jury. A grand jury is a constitutional requirement when the government wants to bring federal felony charges against a person.

As the United States Department of Justice explains, “after the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury.” A grand jury is made up of an “impartial group of citizens” who hear the evidence that the prosecutor has against the potential defendant. In the grand jury proceeding, the prosecutor may call witnesses and can present other forms of evidence to the grand jury. Then members of the grand jury then must determine whether they believe the government has enough evidence to charge the individual with a felony offense. The grand jury members take a vote in secret, and that vote determines whether or not the person being investigated by the government for a federal white collar felony offense will face charges.

To be clear, a grand jury is not the body that decides whether or not a person is innocent or guilty, and as such, a grand jury cannot convict a person of a federal felony white collar offense. Instead, the grand jury determines if the government can move forward with federal felony charges against the person.

Contact Our Tampa Criminal Defense Lawyers Today to Seek Help with the Federal Criminal Charges You Are Facing 

The concept of a grand jury is often difficult to grasp, and it can seem especially daunting for anyone who is under federal investigation for a criminal offense. As we discussed above, grand jury proceedings may actually allow you to avoid an indictment. Even if you are indicted, one of the experienced Tampa federal criminal defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can work with you on a defense strategy that is tailored to the particular facts of your case and that will give you the best chance of avoiding a conviction. Whether you have questions about federal charges and grand jury proceedings, or you need assistance after learning that you are under federal investigation or facing federal charges, contact our firm today for help.

Source:

justice.gov/usao/justice-101/charging