“The grand jury process is awful to say the least for someone facing federal criminal charges. It is the most secretive process in our entire justice system. Sixteen to twenty-three random people are called in, with no judge and no defense attorney in the room—just a prosecutor presenting witnesses. The transcripts are sealed, nearly impossible for a defendant to obtain, and all the prosecutor has to show is probable cause: that it is slightly more likely than not that a crime was committed.” – David Tarras, Federal Criminal Defense Lawyer
In this video, South Florida federal defense attorney David Tarras, founder of Tarras Defense, explains the federal grand jury process and why it is so challenging for defendants and witnesses alike.
David highlights that:
– Grand juries are composed of 16 to 23 jurors, called in without public notice
– No judge and no defense attorney are present during the proceedings—only the prosecutor and witnesses
– Transcripts are sealed and generally unavailable to the defense
– The standard of proof is probable cause, meaning just slightly more likely than not that a crime was committed
– Prosecutors often use grand juries not only to secure indictments, but also as an investigative tool that can last for months
– Defense attorneys can advise clients outside the room if they are called to testify, but cannot participate directly
– Grand jurors may ask questions of witnesses and prosecutors, and can request additional evidence
“Unfortunately, the defense is not allowed in the room. Judges are not allowed in the room. A witness may step outside to consult with counsel, but the process remains secret and one-sided, which is why indictments are almost always returned,” David explains.
For individuals subpoenaed to testify or targeted in a grand jury investigation, early legal representation is critical. An experienced federal criminal defense lawyer can prepare witnesses, protect constitutional rights, and begin developing a defense before charges are filed.
Frequently Asked Questions about Federal Grand Juries
What is a federal grand jury?
A secret proceeding where prosecutors present evidence to 16–23 jurors, who decide whether probable cause exists to issue an indictment.
Can my lawyer be in the grand jury room with me?
No. Defense attorneys are not permitted in the room. If you are testifying, you may step out to consult with your lawyer during breaks.
What standard of proof is required in a grand jury?
Only probable cause—that it is slightly more likely than not that a crime was committed. This is far lower than the “beyond a reasonable doubt” standard at trial.
Are grand jury transcripts public?
No. They are sealed and rarely available to defendants or the public.
Can grand juries be used for investigations, not just indictments?
Yes. Prosecutors often use long-running grand juries to subpoena witnesses, gather evidence, and build cases over time.
About Tarras Defense
Tarras Defense, founded by federal criminal defense lawyer David Tarras, is a boutique South Florida law firm representing clients in high-stakes federal cases and grand jury proceedings. The firm regularly advises individuals subpoenaed before federal grand juries in Miami-Dade County (Miami, Coral Gables, Aventura), Broward County (Fort Lauderdale, Hollywood), and Palm Beach County (West Palm Beach, Boca Raton, Delray Beach), as well as federal courts nationwide.
Practice areas include:
– Grand jury representation and witness preparation
– Federal criminal defense across fraud, conspiracy, and controlled substance cases
– White collar defense (wire fraud, securities fraud, healthcare fraud, money laundering)
– Cyber crime and cryptocurrency enforcement
– PPP loan and COVID-relief fraud defense
– Government investigations and subpoenas
– Federal sentencing advocacy and mitigation
David Tarras is a nationally recognized trial lawyer who understands the high stakes of a grand jury investigation. His experience allows him to guide clients through the secrecy of the process, protect their rights, and build strong defenses before formal charges are filed.
At Tarras Defense, clients can expect:
– Strategic preparation for grand jury testimony
– Protection of constitutional rights during investigations
– Holistic defense strategies that begin before indictment
– Relentless advocacy in federal court if charges are filed
📌 Learn more about federal grand juries and defense strategies at: https://tarrasdefense.com
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