The grand jury is an arm of the prosecution, and is used in some situations to assist in the investigation of potential criminal activity. A grand jury meets in secret, with only the prosecutor and perhaps an agent or investigator present.

Sometimes, prosecutors issue subpoenas in the name of the grand jury, seeking to obtain documents or other items that can potentially be evidence of a crime. Occasionally, a prosecutor will issue a subpoena that requires a person to appear and provide testimony in front of the grand jury. A person who receives a subpoena to testify in front of a grand jury sometimes is merely a witness from whom the prosecutor wants some information. However, sometimes the person is either the "subject" of the investigation, or is actually the "target" of the grand jury.

A person who is called upon to either produce documents or provide testimony for a grand jury needs to have the help of a highly skilled criminal defense attorney. Many lawyers do not realize that they are not permitted to accompany their client into the room where the grand jury meets. This is crucial, because while the client has the Fifth Amendment right to remain silent, the lawyer is not allowed to be with the client when questions are asked. In other words, the person needs to be well prepared by his or her attorney before they go to testify or produce documents. An aggressive attorney also needs to look at whether a motion to quash a subpoena should be filed on behalf of the client. Such motions seek a court order that rules that the person either does not have to produce the documents, or need not answer questions from the grand jury.

At Kish & Lietz, we understand the grand jury process. We know the methods that can assist a client who receives a grand jury subpoena. If you or someone you care about is in this situation, please feel free to call (404) 588-3991, or contact us online.