If you have received a federal grand jury subpoena, or if you have learned that a federal grand jury is investigating activity connected to you, you are facing one of the most powerful tools in the federal government’s arsenal. The federal grand jury operates in secrecy, with broad investigative authority and few checks on its power. Understanding how the process works is essential to protecting yourself.
At Deandra Grant Law, we represent individuals who are targets, subjects, and witnesses in federal grand jury investigations across Texas. Early legal intervention during the grand jury phase can shape the outcome of your entire case—including whether charges are ever filed at all.
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What Is a Federal Grand Jury?
A federal grand jury is a group of 16 to 23 citizens who are empaneled by a federal court to investigate potential violations of federal criminal law and to determine whether there is probable cause to issue an indictment—a formal charging document that initiates a federal criminal prosecution.
The grand jury’s authority comes from the Fifth Amendment to the United States Constitution, which provides that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” In federal court, all felony charges must be brought through a grand jury indictment (unless the defendant waives indictment and agrees to be charged by information).
Federal grand juries in Texas sit in each of the four federal districts—the Northern District (Dallas, Fort Worth, Lubbock, Amarillo), the Southern District (Houston, Galveston, Brownsville, Corpus Christi, Laredo, McAllen), the Eastern District (Tyler, Sherman, Beaumont, Texarkana, Lufkin), and the Western District (San Antonio, Austin, El Paso, Del Rio, Midland, Pecos, Waco). Grand juries typically serve for 18 months and can be extended for an additional six months.
How Grand Jury Proceedings Work
Federal grand jury proceedings are fundamentally different from a trial. There is no judge presiding over the proceedings. There is no defense attorney in the room. The grand jury hears only the government’s evidence, presented by an Assistant United States Attorney. The rules of evidence that apply at trial do not apply in grand jury proceedings—the government can present hearsay, unsworn statements, and other evidence that would be inadmissible at trial.
The standard of proof is also much lower than at trial. At trial, the government must prove guilt beyond a reasonable doubt. In the grand jury, the standard is merely probable cause—a reasonable belief that a crime was committed and that the target committed it. This is a low bar, and it is the reason for the oft-quoted observation that a prosecutor can “indict a ham sandwich.” While that phrase oversimplifies the process, it reflects a fundamental truth: grand juries return indictments in the vast majority of cases presented to them.
Grand jury proceedings are secret. Federal Rule of Criminal Procedure 6(e) prohibits grand jurors, prosecutors, interpreters, court reporters, and other persons present during proceedings from disclosing what happens in the grand jury room. This secrecy is designed to protect the integrity of the investigation, encourage witness candor, and protect the reputation of individuals who are investigated but not charged. It also means that the target of an investigation has very limited ability to know what evidence the government has presented.
Grand Jury Subpoenas
The federal grand jury’s investigative power is exercised primarily through subpoenas. There are two types of grand jury subpoenas, and both carry the force of law.
A subpoena ad testificandum compels a person to appear before the grand jury and testify under oath. Witnesses who receive these subpoenas are required to answer the grand jury’s questions, although they may invoke their Fifth Amendment privilege against self-incrimination if their answers could tend to incriminate them. An attorney cannot accompany a witness into the grand jury room, but the witness has the right to step outside the room to consult with an attorney before answering questions.
A subpoena duces tecum compels the production of documents, records, or other tangible evidence. These subpoenas are used to obtain bank records, business records, tax returns, communications, electronic data, and any other evidence relevant to the investigation. The scope of grand jury subpoenas duces tecum is extremely broad, and courts generally enforce them unless the request is unreasonable or oppressive.
If you receive a federal grand jury subpoena—whether to testify or to produce documents—you should contact an attorney before taking any action. There may be grounds to challenge the subpoena, to narrow its scope, or to assert applicable privileges. Ignoring a grand jury subpoena can result in a contempt finding, including incarceration.
Your Rights in a Grand Jury Investigation
Understanding your rights during a grand jury investigation is critical, because the protections available to you are more limited than at any other stage of the federal criminal process.
You have the right to invoke your Fifth Amendment privilege against self-incrimination if you are called to testify before the grand jury. This means you can refuse to answer questions if your answers could tend to incriminate you. However, the government can override this privilege by obtaining a grant of immunity under 18 U.S.C. §§ 6002–6003, which compels your testimony in exchange for a promise that your testimony (and evidence derived from it) will not be used against you in a subsequent prosecution. If you receive a grant of immunity and still refuse to testify, you can be held in civil contempt and jailed until you comply.
You have the right to consult with an attorney, although your attorney cannot be present in the grand jury room during your testimony. The common practice is for the witness’s attorney to wait outside the grand jury room, and the witness can ask to step out to consult with counsel before answering any question.
You do not have the right to present evidence, call witnesses, or cross-examine the government’s witnesses in the grand jury. The grand jury hears only what the prosecutor chooses to present. There is no obligation for the prosecutor to present exculpatory evidence, although Department of Justice policy recommends that prosecutors present any evidence that would “substantially negate guilt.”
The Indictment
If the grand jury finds probable cause to believe that a federal crime was committed and that the target committed it, the grand jury will return a “true bill”—an indictment. The indictment is a formal document that sets forth the charges against the defendant, including the specific federal statutes allegedly violated and a description of the criminal conduct.
In multi-defendant cases, the indictment may charge multiple defendants with conspiracy and substantive offenses. Superseding indictments—amended indictments that add new defendants, new charges, or new allegations—are common in complex federal cases. It is not unusual for a federal grand jury to return a superseding indictment months after the original indictment, adding new defendants as the investigation continues.
Once an indictment is returned, the defendant will be arrested (if not already in custody), arraigned before a federal magistrate judge, and the case will proceed through the federal court process. The defendant’s initial appearance must occur without unnecessary delay, and a detention hearing will determine whether the defendant is released on bail or held in pretrial detention.
Case Results
Pre-Indictment Representation: Why It Matters
The grand jury investigation phase is the most critical—and most overlooked—stage of a federal criminal case. By the time an indictment is returned, the government has already assembled its evidence, secured cooperating witnesses, and made the decision to prosecute. Defending against a completed federal case is an uphill battle.
Pre-indictment representation allows a defense attorney to intervene before those decisions are finalized. An experienced federal defense lawyer can present information to the prosecution that may persuade them to decline charges. They can negotiate terms for a client who may wish to cooperate. They can advise clients and potential witnesses on how to respond to grand jury subpoenas. They can identify constitutional violations in the investigation that may affect the admissibility of evidence.
At Deandra Grant Law, we believe that the earlier we are involved in a federal case, the better the outcome for our client. If you have received a grand jury subpoena, if federal agents have contacted you, or if you have any reason to believe you are connected to a federal investigation in Texas, contact us immediately. The grand jury process will not wait for you to be ready.
Facing Federal Criminal Charges in Texas? Contact Deandra Grant Law Today.
If you or someone you love is facing a federal criminal investigation or federal charges in Texas, time is not on your side. The federal government has already been building its case. You need a defense team that understands how the federal system works and has the experience to fight back.
At Deandra Grant Law, our attorneys include ACS-CHAL Forensic Lawyer-Scientists, published legal scholars, and former public defenders who have tried hundreds of cases across Texas. We handle federal criminal matters in the Northern District of Texas, the Eastern District of Texas, the Western District of Texas, and the Southern District of Texas.
Call us at (214) 225-7117 or schedule a free consultation at texasdwisite.com/schedule-consultation/. Se habla español: (972) 347-8833.
The defense is ready.
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