Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Must to Know About Grand Jury Immunity

Author: Robert E. Levy

Date: August 30, 2016

Key Contacts

Back

Understanding Grand Jury Immunity

grand jury immunity

Being indicted for a white-collar crime can be financially and professionally devastating. Therefore, it is imperative to avoid any potential missteps once you discover you may be the target of a federal investigation. Responding to grand jury investigations can be particularly challenging which is why it is important to thoroughly understand grand jury immunity.When a witness is called to testify before a grand jury, he or she can refuse to testify on the ground that his testimony will incriminate him. Once a witness has invoked his Fifth Amendment right, the government attorney generally has three options: challenge the privilege and call the witness, waive his appearance, or consider a grant of immunity.

If the witness is considered key to the investigation, he or she may be offered grand jury immunity.

Immunity precludes the government from using, directly or indirectly, a witness’ compelled testimony in a prosecution of that witness in any criminal case, “except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.”

Factors which constitute grand jury immunity

In order to grant grand jury immunity, two conditions must be satisfied. First, the testimony or information sought must be in the public interest; second, the potential witness must have refused or is likely to refuse to testify or provide information based on the privilege against self-incrimination.

In evaluating whether an immunity order would be in the public interest, government attorneys are instructed to consider the following factors:

  • The seriousness of the offense and the importance of the case in achieving effective enforcement of the criminal laws;
  • The value of the potential witness’ testimony or information relevant to the investigation or prosecution;
  • The likelihood of the witness promptly complying with the immunity order and providing useful testimony;
  • The person’s culpability relative to other possible defendants;
  • The possibility of successfully prosecuting the witness without immunizing him; and
  • The possibility of adverse harm to the witness if he testifies pursuant to a compulsion order.
grand jury immunity

If you believe you may be the target of a grand jury investigation, it is imperative to consult with a white-collar criminal defense attorney as soon as possible. Even though you may not have an attorney inside the grand jury room, counsel outside the door can advise you when you don’t know if you should answer a question.

Otherwise, if you are still unsure of how to navigate through the grand jury process or have any questions regarding the matter, contact me, Robert Levy, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!