Grand Jury Representation
Many criminal investigations include a grand jury presentation. A grand jury is a group of citizens who listen to evidence presented by a prosecutor and decide whether an individual, or in some cases a company, should be indicted for a crime. Prosecutors have significant tools at their disposal during a grand jury investigation, including the power to subpoena witnesses, records, and other evidence. More than that, the grand jury decides whether to indict a person based on the low standard of probable cause rather than the high burden of proof beyond a reasonable doubt that is required at a trial. Therefore, in order to secure the best chance of avoiding indictment by a grand jury, a target of a grand jury investigation must be proactive and make well-informed choices. If you believe you are under investigation by a grand jury, or if you have received a grand jury subpoena, a highly-qualified and experienced attorney can help you advance your interests at this crucial early moment.
Boston grand jury attorney David J. Grimaldi provides exceptional representation to clients in both state and federal grand jury matters. He has represented a wide array of clients in grand jury proceedings, including white-collar professionals, targets of federal fraud investigations, suspected drug traffickers, witnesses in murder cases, and many others. Attorney Grimaldi has successfully resolved grand jury matters for his clients on numerous occasions, including by persuading prosecutors not to investigate his clients, and by producing favorable evidence that transformed the grand jury’s decision-making process. Attorney Grimaldi has also represented many individuals subpoenaed to the grand jury as witnesses, protecting their interests and, as appropriate, preparing them to testify. Attorney Grimaldi is extremely knowledgeable concerning the law of grand jury presentations, and has successfully moved to dismiss indictments by proving that prosecutors failed to meet the various demands of the law. Attorney Grimaldi’s years of experience and record of success in grand jury matters make him ideally suited for anyone facing a state or federal grand jury investigation.
One reason it is essential for your attorney to take initiative during a grand jury investigation is that ingenuity is often the only way to counter the broad discretion prosecutors have during grand jury presentations. While the Fifth Amendment of the United States Constitution guarantees 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,” it is the prosecutor who in fact controls the grand jury presentation. Indeed, the prosecutor is the only lawyer allowed in the courtroom during grand jury proceedings, and only the prosecutor decides which witnesses to call before the grand jury and what evidence the grand jury will hear. Unlike a criminal trial, there is no defense lawyer present at the grand jury to cross-examine the government’s witnesses or introduce evidence in his client’s defense. This one-sided nature of the grand jury presentation too often leads to unjust criminal charges, as well as needless anxiety and expense.
An expert attorney skilled at navigating the grand jury process, however, can at times influence the outcome for his client’s benefit. Every case will be different. Sometimes, the lawyer can provide fresh evidence to the government that changes their mind about the nature of their investigation or who should be the target. Other times, experienced counsel can persuade the prosecutor that the law or facts fail to support the conclusion initially drawn by the government. If someone has been served a grand jury subpoena, the individual may be permitted to invoke his or her Fifth Amendment right to be free from compelled self-incrimination and, on the advice of counsel, refuse to testify. If served a subpoena for documents, an individual or company may be permitted to invoke the “act of production” privilege, arguing that the mere act of disclosing the documents is itself testimonial and incriminating, and therefore protected by the Fifth Amendment. In yet other settings, the prosecutor’s failure to present exculpatory evidence that supports the client’s innocence to the grand jury can later lead to dismissal of the indictment.
Boston grand jury attorney David J. Grimaldi has successfully represented many clients in grand jury matters. If you have been approached by a federal agent or law enforcement, or if you have been served a grand jury subpoena, time is of the essence. Contact Attorney David J. Grimaldi at (617) 661-1529 or online today.
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