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
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"
Crypto Compliance: A Comprehensive Guide post image

Crypto Compliance: A Comprehensive Guide

For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Compliance: A Comprehensive Guide"
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"

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.

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