Former Prosecutor
Grand Jury Investigations
Crimes Requiring a Prospective Death Penalty or Capital Crimes Require a Grand Jury
A substantial amount of state crimes are prosecuted by a charging document termed a Criminal Information. This document doesn’t require the application of a State Grand Jury. Capital crimes or crimes requiring a potential death penalty are the only crimes presented to State grand juries. Consequently it is essential for a well-practiced attorney to be knowledgeable with the procedures required by the exhibition of evidence to a federal grand jury. An experienced criminal defense lawyer would file a motion to dismiss the indictment founded upon grand jury abuse if said rules are not observed. Several of the rules explained here are overseen and come from the United States Attorney’s Manual, a guide that explains the processes and procedures of the Department of Justice and which rules and statute federal prosecutors generally observe.
A grand jury cannot be used solely to obtain additional evidence against a defendant who has already been indicted; nor can the grand jury be used for pre-trial preparation; It should only be used to obtain a superseding indictment for other defendants or crimes related to the investigation of the original matter.
The approval of the United States Attorney is needed once a federal grand jury returns a no-bill and declines to return an indictment, before a criminal matter is resubmitted to another grand jury. There are also limitations on the use of grand juries to locate fugitives, and the use of subpoenas in such situations, There are also limitations on naming persons as unindicted co-conspirators.
A skilled defense attorney should also be familiar with the remedies available if a person refuses to obey a grand jury subpoena, such as contempt proceedings; unlike state subpoenas federal grand jury subpoenas may be served anywhere in the United States. Other rules related to the federal grand jury come into play when the grand jury seeks to obtain evidence and testimony from abroad and Assistant United States Attorneys are required to consult with the Office of International Affairs before issuing grand jury subpoenas for such evidence or testimony; prior approval is also needed before compelling members of the news media before a federal grand jury. There are also limitations concerning the issuance of grand jury subpoenas for credit reports and personal bank or financial records; Appropriate Motions to quash grand jury subpoenas should be considered in such situations.
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More about Grand Jury Investigations in The State Of Florida
When you need an experienced and committed defense lawyer you can trust in Southern Florida, contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954.928.0059 or 561.366.8200.