Attorney answers (4)
I agree with my colleague's discussion about witnesses, subjects, and targets. However, to answer your question, regardless of what category you fall into, you still should get a lawyer who practices federal criminal defense.
4 people marked this answer as good
Add comment
Federal prosecutors use three categories that delineate the types of individuals who may come before a grand jury: witnesses, subjects, and targets. From the question, it is not clear in which category you may be. At a minimum, you need someone familiar with the process to advise you about the relative risks or benefits with testifying, issues that may come from turning over documents that may be demanded in the subpoena, and whether or how to invoke an applicable privilege -- such as the privilege against self incrimination. Getting back to the three categories of individuals mentioned above, a target describes a person who the federal prosecutor seeks to indict and believes that probable cause exists for doing so. On the other end of the spectrum, a witness describes someone who has knowledge of certain facts but isn't believed to be someone who is culpable or should be charged. A subject falls somewhere in the middle, in that the prosecutor likely view the person as having culpability, but there is some reason for not seeking charges at the time against the person -- such as insufficient evidence of probable cause.
For obvious reasons, subjects and targets need counsel to assist them in assessing the relative risks and rewards from testifying and waiving any applicable privileges. Moreover, even fact witness must be prepared to answer questions truthfully and fully to avoid potential perjury issues. A lot of the legal considerations involved are discussed in the U.S. Attorney's Manual (USAM) published by the U.S. Department of Justice. A link to the applicable parts of the USAM is provided below. This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided. 1 person marked this answer as good
You don't say if you are a "target" or still a "witness." In any event, you'd best consult a criminal defense lawyer with federal court experience (like me). I have represented many witnesses over the years, including counsel relating to 5th Amendment privilege and immunity. My office is across the street from the federal courthouse in Minneapolis.
FFI: http://www.liberty-lawyer.com |