The Putative Defendant in a Federal Grand Jury Investigation

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances exculpatory evidence must be presented. In discussing these subjects, decisional authority will be cited to support conclusions and extensive reference will be made to a set of internal guidelines promulgated by the United States Department of Justice to regulate the conduct of federal prosecutors before federal grand juries.