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How Does a Grand Jury Work?

By Los Angeles Criminal Defense Attorney on December 13, 2021

Facing a grand jury investigation can be a deeply unsettling experience. Whether you’ve received a subpoena, you suspect you’re being investigated, or if you have already been indicted, understanding how a grand jury works is essential to protecting your rights.

The Los Angeles criminal defense lawyers at Werksman Jackson & Quinn LLP represent people who are under grand jury scrutiny from state and federal courts.

Under Grand Jury Investigation?

Call Werksman Jackson & Quinn LLP now at (213) 688-0460 to start protecting your rights immediately.

What Is a Grand Jury?

A grand jury is a group of citizens empaneled to determine whether there is probable cause to believe someone has committed a crime. Unlike a trial jury, a grand jury does not decide guilt or innocence. Instead, it evaluates whether there is sufficient evidence to bring formal charges, which is referred to as an indictment.

Grand juries operate in secret. The proceedings are led by prosecutors, and the person under investigation typically has no right to be present, hear the evidence, or offer a defense. There is no judge overseeing the process, and the standard for issuing an indictment is lower than that for convicting someone at trial.

What’s the Difference Between State and Federal Grand Juries?

While both state and federal grand juries serve the same basic function, there are key differences:

California State Grand Juries

• Typically include 23 members
• Used for both criminal indictments and civil investigations into public agencies
• Prosecutors from the District Attorney or Attorney General present evidence
• May be used in place of a preliminary hearing in some felony cases

The defense is usually not present to cross-examine witnesses or challenge evidence. This gives the prosecution a procedural advantage, especially in complex or sensitive investigations.

Federal Grand Juries

• Include 16 to 23 members
• Almost exclusively used in felony criminal cases
• Run by the U.S. Attorney’s Office
• Often impaneled for months or even years in complex investigations

Federal grand jury investigations create significant legal challenges due to their wide scope, high level of resources, and extended time frame. They are commonly used in white-collar crime, public corruption, conspiracy, and organized crime cases.

How Do You Know If You Are the Target of a Grand Jury Investigation?

In any grand jury proceeding, individuals fall into three categories:

• Witness – Someone believed to have relevant information but not suspected of wrongdoing
• Subject – Someone whose conduct is under investigation and may become a defendant
• Target – Someone whom prosecutors believe has committed a crime and is likely to be indicted

If you receive a target letter from a U.S. Attorney’s Office or are told by investigators that you are the target of an investigation, this is a clear sign you are at risk of indictment. Even if you are not told your status, it can shift quickly. This is why it’s essential to speak with an attorney as soon as you are contacted.

What Are Grand Jury Proceedings Like?

Grand jury proceedings are deliberately secretive. For those under investigation, it can feel like being tried in the dark. You may not know who else has testified or what evidence is being presented against you.

Grand jury proceedings are not public, and the rules of evidence are relaxed:

• No judge is present
• Defense attorneys are not allowed in the room during testimony
• Witnesses testify alone, though they may leave the room to consult their lawyer
• Prosecutors control the narrative and are not required to present exculpatory evidence
• Hearsay is permitted, and legal objections are rare

How Does a Grand Jury Differ From a Preliminary Hearing?

A preliminary hearing is a public, adversarial proceeding where the prosecution must show a judge that there is enough evidence for the case to go to trial. The defense has the opportunity to cross-examine witnesses and present its own evidence.

In contrast, a grand jury proceeding:

• Is closed to the public
• Involves only the prosecutor and the jury
• Does not allow cross-examination or defense presentation
• Operates under a lower burden of proof (probable cause)

Because of its secrecy and one-sided nature, a grand jury is often easier for prosecutors to use to obtain an indictment.

What Are the Duties and Powers of a Grand Jury?

A grand jury has substantial investigative authority, including the power to:

• Subpoena witnesses and documents
• Compel testimony under oath
• Examine financial records, emails, texts, and phone logs
• Investigate criminal conduct across state or national boundaries
• Issue indictments, which formally charge a person with a crime

These powers make the grand jury a powerful tool in the hands of the prosecution. Without legal counsel, witnesses or targets can easily say or do something that increases their criminal exposure.

What Is a Grand Jury Indictment?

A grand jury indictment is a formal charging document issued by the jury after finding probable cause that a crime has occurred. Once indicted, the defendant must respond to the charges in court, where the case proceeds like any other criminal matter.

An indictment is not a conviction. It simply means that the government has presented enough evidence to move forward. But being indicted can have immediate consequences, including arrest, reputational damage, and financial hardship. That’s why fighting the case early is so important.

Have You Received a Subpoena or Target Letter?

You need legal protection now. Call (213) 688-0460 to speak with an experienced Los Angeles grand jury attorney today.

Your Rights When Facing a Grand Jury

Facing a grand jury investigation can be intimidating, but it is essential to remember that you still have important constitutional rights. Understanding and exercising these rights can significantly affect the outcome of your case.

You have the right to:

• Remain silent.
  Under the Fifth Amendment, you cannot be compelled to testify against yourself. If you are subpoenaed to appear before a grand jury, you are not required to answer questions that may incriminate you. An attorney can help you determine when and how to assert this right.
• Consult an attorney before responding to a subpoena.
  Whether you are asked to testify or produce documents, you should never respond without first speaking to a lawyer. What may seem like a simple request could involve significant legal exposure.
• Have legal counsel at every stage.
  From the moment you receive a subpoena or are informed you’re under investigation, your lawyer can help you:
  • Assess whether you are a witness, subject, or target of the investigation
  • Challenge improper subpoenas or requests for information
  • Negotiate with prosecutors to resolve matters before formal charges are filed
  • Prepare for potential testimony or make a strategic decision not to testify

How to Challenge a Grand Jury Indictment

Grand jury indictments are not immune from challenge. Legal defenses include:

• Motions to dismiss based on insufficient evidence
• Claims of prosecutorial misconduct
• Challenges to improper subpoenas or violations of privilege
• Attacks on procedural errors in how the jury was empaneled or instructed

Why Choose Us Over Other Los Angeles Grand Jury Investigation Attorneys?

When your reputation, livelihood, or freedom is on the line, you need a law firm that understands how to intervene early, protect your rights, and anticipate every prosecutorial move. At Werksman Jackson & Quinn LLP, we bring the full force of our experience and a team approach to every grand jury investigation.

Here’s what sets us apart:

• Decades of Criminal Trial Experience – Representing clients in some of the most high-profile criminal cases in California
• Former Prosecutors on Staff – Our insider knowledge of prosecution strategy sets us apart
• Strategic, Trial-Tested Defense – We treat every investigation like it’s going to trial from day one
• Trusted by Celebrities, Public Officials, and Professionals – Known for discretion and results
• AV Preeminent® Rated by Martindale-Hubbell for legal skill and ethics
• Repeatedly Selected to Super Lawyers based on peer reviews and independent research
• Skilled Negotiators – Able to work with prosecutors early to resolve matters before charges are filed
• Full-Service Criminal Defense Team – We handle every aspect of the case, including subpoenas, strategy, preparation, and appeals

How Your Attorney Can Help

The most important step you can take if you are involved in a grand jury investigation is to retain an experienced criminal defense attorney. Here is how Werksman Jackson & Quinn LLP can help:

• Clarify Your Legal Status – Determine whether you are a witness, subject, or target
• Respond Strategically to Subpoenas – Ensure compliance without self-incrimination
• Prepare You for Testimony – Rehearse questions, review evidence, and protect your rights
• Negotiate With Prosecutors – Limit your exposure or negotiate immunity when appropriate
• Challenge Improper Evidence – Push back against illegal subpoenas or privileged material
• Develop a Defense Strategy – Whether through pre-indictment negotiation or trial preparation

We understand how prosecutors use grand juries to build their cases. Our attorneys have the experience and skill to interrupt that process, minimize risk, and protect your future.

Speak With a Trusted Los Angeles Grand Jury Defense Lawyer Today

If you’ve been subpoenaed or believe you’re under investigation, do not wait to get experienced legal representation. The attorneys at Werksman Jackson & Quinn LLP understand the high stakes of a grand jury proceeding. Contact us at (213) 688-0460 to learn more today.

What Clients Are Saying About Us

They truly are a dream team- Liza Mier (5-Star Google Review)

Alan Jackson and his team go above and beyond for their clients. They helped my family through one of the toughest times and we could not have asked for anything more from this office. We are extremely blessed to have had the support from Alan and everyone there throughout the process. The team is very thorough and pays attention to every detail possible; they truly are a dream team. Thank you, again, for everything!

I cannot thank him enough- Allen T. (5-Star Yelp Review)

Mark Werksman is a professional, educated, and articulate lawyer. He goes above and beyond to successfully represent his clients. He is full of wit and quick on his feet. Before I came to Mark, my mind was full of doubt with previous lawyers. One of them even told me there was nothing they could do to help me. Mark managed to settle my case beyond my expectations. He kept me updated with constant positive follow-ups. He stays on top of things and he strives to achieve nothing but the best results for all of his clients. I felt this every time I spoke with him. Thanks to Mark, the stress and worries are out the window. I cannot thank him enough. There are many lawyers out there. However, rationale, quick thinking, and intellect are rare. Mark meets the criteria for a top-notch lawyer.

Grand Jury FAQs

What is the purpose of a grand jury investigation?

A grand jury investigation is used to determine whether there is probable cause to charge someone with a crime. It allows prosecutors to gather evidence, question witnesses, and decide whether to move forward with an indictment.

How is a grand jury different from a trial jury?

A grand jury does not decide guilt or innocence. It only decides whether there is enough evidence to formally charge someone with a crime. Unlike trial juries, grand juries operate in secret and do not include a judge or defense attorney.

Who is present during a grand jury proceeding?

Only the prosecutor, the jurors, a court reporter, and any testifying witness are allowed in the room. The person being investigated is not present, and their attorney cannot join them during testimony.

Can I find out if I’m the target of the investigation?

Prosecutors may notify someone with a target letter, but your status probably won’t be made clear. An attorney can help determine whether you are a witness, a subject, or a target of the investigation.

What happens if I get subpoenaed by a grand jury?

You are legally required to comply. A subpoena may request documents, testimony, or both. Before responding, consult a defense attorney to avoid self-incrimination or legal missteps.

Can I have my lawyer with me when I testify?

No. If you’re called to testify before the grand jury, your lawyer cannot be in the room. However, you can pause and leave the room at any time to consult with your attorney before answering questions.

Do I have to answer every question during grand jury testimony?

No. You have the right to invoke your Fifth Amendment protection against self-incrimination. Your attorney will help you understand when and how to assert that right.

How long do grand jury investigations last?

Some investigations last weeks, while others go on for months or even years, especially in complex federal cases involving white-collar crime, public corruption, or conspiracy charges.

Can I be indicted without knowing I was being investigated?

Yes. Because grand jury proceedings are secret, you may not know you’re under investigation until an indictment is issued and you are formally charged.

How can Werksman Jackson & Quinn LLP help during a grand jury investigation?

We clarify your legal status, prepare you for testimony, respond to subpoenas, and negotiate with prosecutors when appropriate. Our goal is to protect your rights, prevent charges, and minimize exposure throughout the process.

About Our Law Firm

At Werksman Jackson & Quinn LLP, we are one of California’s premier criminal defense law firms, trusted by public figures, executives, and professionals facing the most serious legal challenges of their lives. Based in Los Angeles, our firm represents clients in both state and federal court, defending against charges ranging from white-collar crimes and public corruption to violent felonies and grand jury investigations.

What sets us apart is our courtroom experience and our insider knowledge of the prosecution. Founding partner Mark Werksman is a former Assistant United States Attorney and Los Angeles County Deputy District Attorney. Partner Alan Jackson previously served as Assistant Head Deputy of the Major Crimes Division in the LA County District Attorney’s Office. Kelly Quinn, a certified specialist in criminal writs and appeals, adds deep appellate experience to our firm’s trial-tested foundation.

Our attorneys have led and defended some of the highest-profile cases in the nation. We approach every case with discretion, precision, and intensity. Whether negotiating with prosecutors or litigating before a jury, we work relentlessly to protect our clients’ freedom, reputation, and future.

From complex white-collar investigations to serious criminal indictments, we offer a full-service defense strategy grounded in experience and driven by results. We understand the stress and high stakes our clients face. That’s why we provide the focus, clarity, and aggressive representation needed in the most critical moments.

When everything is on the line, you need more than just a lawyer. You need a firm that knows how to win. That’s Werksman Jackson & Quinn LLP.