Protecting Your Interests During Grand Jury Proceedings

Most federal criminal charges represent the end point of a process that begins with a criminal investigation and ends with the defendant's formal indictment on specific offenses by a grand jury. For the defendant, of course, the indictment is just the beginning of what might be a long, hard struggle to defeat the charges or at least minimize any exposure to punishment.

Any opportunity to develop your potential defenses and assess your risk of conviction while the grand jury investigation is underway can give you a significant advantage toward achieving a favorable outcome in your case. In other words, if you can get started on your defense before the grand jury decides on the specific charges — if any — to return against you, you will almost certainly be in a much stronger position than you otherwise would be.

The advice of a knowledgeable criminal defense lawyer in the preindictment phase of the case can help you in many ways, such as the following:

• Clarify your status in the investigation: are you a witness, a subject, a person of interest or the main target?
• Advise you about your grand jury testimony or production of documents, records or other evidence
• Answer your specific questions about the right against self-incrimination, including whether or not to "plead the Fifth"
• Avoid the mistakes that can result in obstruction of justice charges
• Initiate a parallel investigation of the facts that can help convince the prosecution to downplay your own role in the alleged offenses
• Discourage the prosecution from seeking the most severe potential charges against you

You won't have the right to have your defense lawyer in the grand jury room with you if you are required to testify, but we can make sure that you are fully prepared and we'll be close by for consultations during breaks and recesses.

The strategic and tactical decisions made during the grand jury proceedings will go far to shape the future progress of a federal prosecution, whether it involves fraud charges, bank robbery, Internet sex offenses, public corruption, drug crimes or any other federal offense.

For specific guidance about your own best options during a federal grand jury investigation in South Carolina, contact a federal criminal defense attorney at the Monckton Law Firm in Myrtle Beach.