How Do Federal Grand Juries Work?
A "target" is someone the prosecutor or grand jury believes has substantial evidence linking them to a crime. However, not all individuals indicted by a grand jury are ultimately found guilty.
A "subject" is someone under investigation but not necessarily the main focus. A "witness" is someone prosecutors believe can help establish probable cause.
Targets, subjects, and witnesses may be subpoenaed to testify before the grand jury. Witnesses should be cautious, as their testimony could be used against them. Prosecutors usually seek voluntary testimony, but if that fails, subpoenas may be issued.
A witness may only testify after explicitly waiving their right against self-incrimination and appearing with legal counsel. Having an attorney present during testimony is not enough; they must actively represent the witness.
The Federal Grand Jury Process
- A grand jury consists of 16 to 23 members, with a foreperson chosen to oversee proceedings.
- The number of jurors who vote to indict is sealed unless ordered otherwise by the court.
- Confidentiality is strictly enforced—jurors, attorneys, and court personnel cannot disclose information.
- Only government attorneys, the witness, interpreters, and a court reporter may attend grand jury sessions.
Even the target and their attorney cannot be present unless the target is testifying. The government presents evidence against the target, which may include hearsay or other evidence inadmissible in trial. If 12 or more jurors vote to indict, an indictment is issued.
The indictment is a formal charge explaining the alleged crime. If necessary, an arrest warrant is issued, and the accused becomes the defendant.
Common Types of Federal Crimes
Federal crimes cover a wide range of offenses that are prosecuted under U.S. law rather than state law. These crimes often involve multiple states, federal property, or violations of federal statutes. Some of the most common federal crimes include:
- White-collar crimes – Financially motivated offenses such as fraud, embezzlement, money laundering, and insider trading. These crimes often involve businesses, banks, or government agencies.
- Drug trafficking and distribution – Transporting, selling, or manufacturing illegal drugs like cocaine, heroin, and fentanyl. The DEA (Drug Enforcement Administration) investigates and prosecutes these crimes.
- Cybercrimes – Crimes committed online, including identity theft, hacking, phishing scams, and online fraud. The FBI and other federal agencies monitor these offenses.
- Firearms offenses – Illegal possession, trafficking, or use of firearms. Federal laws impose strict penalties on those convicted of weapons-related crimes.
- Human trafficking and immigration violations – Crimes involving the exploitation of individuals for forced labor or sex work, as well as violations of federal immigration laws.
- Money laundering and financial crimes – Concealing the origins of illegally obtained money through financial transactions to make it appear legitimate. Banks and large financial institutions are often targeted in these investigations.
Differences Between Federal and State Charges
Federal and state charges differ in several key areas:
- Jurisdiction – Federal crimes are prosecuted in federal courts and involve agencies like the FBI, DEA, and IRS, while state crimes are handled by local or state law enforcement.
- Sentencing – Federal convictions often carry harsher penalties, including mandatory minimum sentences. State laws vary, and penalties may be less severe.
- Trial procedures – Federal cases involve stricter rules of evidence, a different jury selection process, and federal sentencing guidelines.
Federal Investigation Process
Federal agencies use various tactics to investigate and build cases against suspects:
- Surveillance and wiretaps – Law enforcement may monitor phone calls, emails, and movements of individuals suspected of federal crimes.
- Undercover operations – Agents may pose as criminals to gather evidence against suspects in drug trafficking, fraud, or cybercrime cases.
- Steps before indictment – After gathering evidence, federal prosecutors present their case to a grand jury, which decides whether to issue an indictment and proceed with formal charges.
Being investigated or charged with a federal crime can have life-altering consequences. If you are facing federal charges, seeking an experienced federal defense attorney is critical.
Frequently Asked Questions (FAQ)
What should I do if I am contacted by federal agents?
- If federal agents approach you for questioning, do not answer any questions without legal representation. Politely request to speak with an attorney before providing any information.
Can I be charged with both state and federal crimes for the same offense?
- Yes, under the concept of dual sovereignty, you can face both state and federal charges for the same act. Each government can prosecute the offense separately.
How long do federal investigations typically last?
- Federal investigations can take months or even years. Law enforcement gathers evidence carefully before presenting a case to a grand jury for indictment.
What is the difference between a federal plea deal and a state plea deal?
- Federal plea deals are often stricter, as federal prosecutors have less discretion due to mandatory sentencing guidelines. However, an experienced defense attorney may negotiate for reduced charges or penalties.
What happens if I am convicted of a federal crime?
- If convicted, you may face severe penalties, including lengthy prison sentences, large fines, and supervised release. Federal sentences often have limited parole options.
Can federal charges be dropped or dismissed?
- Yes, federal charges may be dismissed if there is insufficient evidence, procedural errors, or a violation of your rights. A skilled attorney can challenge the prosecution’s case and work to have charges reduced or dismissed.
Contact Our Newport Beach Federal Crimes Attorney Today
Federal charges carry harsh penalties and require skilled legal representation. Our attorneys at Corrigan Welbourn Stokke have over 100 years of combined experience and are former prosecutors who know how the system works.
Under federal investigation? Don’t face it alone. Contact us now at (949) 251-0330 to discuss your legal options.
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