What Does It Mean If I’m a Grand Jury Target?

You’re the target of a New Jersey state or U.S. federal grand jury investigation. 

Now what? You may feel confused and anxious about what comes next—especially if you weren’t aware of any criminal investigation, to begin with. If your only knowledge of the Department of Justice comes from watching Law and Order, you’ll probably have some questions. 

Will I be called to testify? 

Is a target letter the same thing as a subpoena? 

Is a state or federal grand jury investigation the same as a criminal investigation? 

When should I contact a criminal defense lawyer? 

Receiving a grand jury target letter doesn’t necessarily mean you’ll be convicted of a crime. However, it’s possible. To reduce the likelihood of an indictment, seek sound legal advice from a knowledgeable criminal defense lawyer. 

When you’re searching for clarity about criminal charges, Dughi, Hewit & Domalewski is here to help. Contact us today for your consultation. 

What is a grand jury target?

Understanding the terminology used when talking about criminal law and legal procedures can help you process your options. In New Jersey, serious crimes are called “indictable offenses,” rather than “felonies.” Some common indictable offenses are:

• Aggravated assault
• Burglary 
• Conspiracy 
• Credit card fraud
• Drug charges
• Eluding authorities
• Falsifying documents
• Weapons and firearms charges 
• Money laundering
• Possession and distribution of controlled dangerous substances (CDS)
• Prescription drug fraud 
• Robbery 
• Theft and embezzlement
• Violent crimes
  

For the state of New Jersey to try you for this type of crime, the prosecutor must seek an indictment—or formal, written criminal charge—from a grand jury. To determine whether or not an indictment is justified, the grand jury will hold an investigation. 

The person accused of the crime is considered the “target” of the state or federal grand jury investigation. 

How a grand jury formally issues a criminal charge 

About the grand jury

A grand jury consists of 23 citizens. To ensure a fair investigation, these citizens should be unbiased and have no financial, proprietary, or personal interest in your case. 

Grand jury proceedings are private and aren’t held in a public courtroom. Unlike a criminal trial, the grand jury doesn’t determine guilt or innocence and no judge is present.

Grand jury proceedings

During the state or federal grand jury investigation, the state’s attorneys will present the allegations against you, along with relevant evidence. This evidence might include: 

• Documents
• Interviews with victims and witnesses
• Photographs
• Police reports
• Videos 

Then, the grand jury will vote to determine whether you should be tried on formal criminal charges. The grand jury will make this decision based on the information provided by the prosecutor. 

Your criminal defense attorney will not be permitted to question the admissibility of the evidence, nor will they be allowed to cross-examine any witnesses at this time. In fact, your criminal defense lawyer won’t attend the grand jury proceedings at all. Neither will you unless the prosecutor requests that you testify. However, to determine whether you should testify in a grand jury proceeding at all or plead the Fifth Amendment is a conversation to have with an experienced criminal defense attorney.

The grand jury may vote in one of two ways:

1. True bill of indictment

A true bill of indictment is not a conviction. It’s a legal document outlining the formal criminal charges against you. You and your criminal defense attorney will have an opportunity to plead your side of the story in court. 

2. No bill

If the grand jury finds insufficient evidence to move forward with the charges presented, it will issue a “no bill.” Depending on the evidence presented, the charges will either be downgraded or dropped altogether. If the charges are downgraded to a non-indictable offense, also known as a misdemeanor in other states, your case will be sent to a New Jersey Municipal Court. 

Hung Jury

When the grand jury votes, it must reach a majority decision. Otherwise, the state must drop the criminal charges against you and dismiss your case.

Grand jury subpoenas: target or witness?

Whether or not you’re a grand jury target, you may receive a subpoena if the state or federal prosecuting agency believes you possess information or materials that are pertinent to the investigation, known as a witness subpoena. In either case, grand jury subpoenas command the recipient to provide in-person testimony or to produce evidence that will be examined during the proceedings. 

Grand jury subpoenas are often broadly worded and difficult to respond to. Disregarding a subpoena is considered contempt of court, which is a crime. It is possible to challenge a subpoena, depending on the circumstances, or narrow the terms of the subpoena, but it’s critical that you work with an experienced criminal defense lawyer to review your documents and develop a strategy for responding.  

How to challenge a subpoena 

If a grand jury subpoena is unreasonable, oppressive, or too broad, your criminal defense attorney can make a motion to have it modified or dismissed. 

Challenging a subpoena is advisable when the prosecutor requests that you testify before the grand jury because, in doing so, you could inadvertently incriminate yourself. Your criminal defense lawyer may also challenge a subpoena that demands documents that link you to potential criminal activity. 

If the motion to modify or dismiss the subpoena is approved, you’ll stand a better chance of avoiding indictment. If the motion is denied, you’ll still need to testify or provide documentation as directed, unless you plead the Fifth Amendment.

Seeking legal advice

If you’re a grand jury target, your freedom and future are at risk. You need an experienced criminal defense attorney prepared to protect your rights. 

The criminal defense attorneys at Dughi, Hewit & Domalewski have aggressively challenged criminal charges at all stages of New Jersey’s judicial process. From disputing whether a case was properly presented to a grand jury to negotiating for dismissed charges once an indictment is handed down, we’re prepared to build your strongest possible defense. 

Contact us today to schedule your consultation.