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What Happens in a Federal Grand Jury?

The Role of Federal Agencies in Criminal Investigations

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Federal Bureau of Investigation are federal agencies that investigate crimes and gather evidence for U.S. Attorneys. After the investigators provide government attorneys with evidence that a crime has been committed, the government attorney decides whether or not there is sufficient evidence to charge a perpetrator with a crime. If so, the government attorney will present the case to the federal grand jury.

The Grand Jury

Some crimes require that a grand jury be present in the courtroom. The purpose of the grand jury is for a group of citizens to make an unbiased decision about whether or not the evidence points toward a perpetrator’s guilt. In order to do this, 16 to 23 people must be chosen for the grand jury. For there to be an indictment in a case, at least 12 of the jurors must agree that there is sufficient evidence to support it. According to the Supreme Court, the U.S. Constitution requires that the federal government employ a grand jury if the case in question is a felony case.

The Process

The court selects a number of impartial citizens to sit on a grand jury. The potential jurors are chosen in the grand jury’s district or division. They are chosen in a way that gives everyone an equal opportunity to be chosen for the grand jury. Names of potential jurors come from registered voters or from other sources. The potential jurors receive a summons to appear, and the judge will select 23 eligible people to serve on the grand jury. Each member of the grand jury will be sworn to secrecy, and this obligation is enshrined in the oath that each member of the grand jury must take. The oath ensures that grand jurors cannot be pressured by associates of those accused of crimes.

In a potential felony case, the government attorney will present the evidence that the federal agencies listed above gathered. The government attorney will also call witnesses and draw an outline of the felony that the perpetrator is believed to have committed. It is the grand jury’s job to listen to the testimony and consider all of the evidence so that it can determine whether or not there is sufficient evidence to charge the accused with a crime.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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The Evidence

Along with hearing witness testimony, the grand jury also examines the documentary evidence. The government attorney will be the one to present this evidence to the grand jury. The grand jury can also ask for additional witness testimony. The government attorney may prepare the formal written indictment, but the attorney will not be allowed to remain in the room while the grand jury is deliberating or voting on the indictment.

The grand jury’s foreperson must swear the witnesses in before they may testify. First, the government attorney questions the witness and then the grand jury’s foreperson questions the witness. The grand jury’s members may question the witness after the foreperson. The witness has permission to leave the room to consult with his or her attorney, and the grand jury must not hold this conduct against the witness.

In some cases, witnesses decline to answer a question by invoking the Fifth Amendment. If the grand jury believes that it needs to force the witness to answer the question, it can ask the court to offer a ruling on the matter.

The accused individual will not be asked to testify in most cases. This will also not be the time for witnesses to testify on behalf of the accused individual.

Deliberations

After all of the evidence has been presented, the grand jury will retire to a private area where jurors can discuss whether or not a crime has occurred. The grand jury decides whether or not a crime has been committed and whether or not the person accused of committing the crime should be indicted. Every grand juror has the opportunity to express his or her views on the matter at hand, and everyone is required to listen to each member. The grand jury will only take a vote after every juror has the chance to be heard.

After deliberations are over and the grand jury decides to indict the accused, the jury or its foreperson will inform the judge of its decision. The jury may also decide not to indict. In this instance, the foreperson will send a written note to the judge so that the accused may be released from prison.

The Aftermath

Everything that the witnesses say about a crime or a suspect and all of the proceedings would be sealed. Then, the only people with knowledge about what was said in court would be members of the grand jury.

After the defendant has been charged, he or she is entitled to hire a federal criminal defense attorney. If the defendant cannot afford to pay for a private lawyer, the government will appoint a public defender to the case. The public defender will be known as the “defense attorney,” and he or she will represent the defendant’s interests during the trial.

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