Miami Lawyer » Plea Agreements and Sentencing > Federal Criminal Defense - Grand Jury Proceedings and Indictment
Federal Criminal Defense - Grand Jury Proceedings and Indictment
All federal capital and felony offenses must be charged by indictment unless waived in open court and all other offenses may be charged by indictment or by information such as federal misdemeanor offenses. Only a grand jury can issue an indictment. A grand jury consists of 16 to 23 citizens of the community which hears testimony and reviews evidence presented by an Assistant United States Attorney. 12 or more grand jurors must agree to indict an individual. These proceedings are secret and a potential defendant or target of a grand jury investigation or their respective attorneys have no right to be present throughout the grand jury proceedings. Indictments are typically sealed until all defendants are arrested. The attorneys at Cabrera & Zacca, LLP are experienced representing potential defendants or targets of grand jury investigations and typically request immunity or request that their clients be excused from testifying when there is a risk that the client may incriminate themselves through their testimony.