The Powers of Grand Juries in Pennsylvania: What Witnesses Should Know

July 08, 2011

Selection has begun for a grand jury requested by acting Pennsylvania Attorney General William Ryan in April. The statewide grand jury will be made up of citizens from several Pennsylvania counties, and 23 jurors will ultimately be selected, as well as an alternate pool of 200 people. We use the word "grand" to describe these juries because of their size, but they also carry out an important part of the criminal justice process.

Grand juries are convened in Pennsylvania to investigate allegations of criminal activity, and they can have either statewide or county jurisdiction. A grand jury meets several days every month for as long as two years to conclude its mission. Unlike "petit" juries of 12 that decide on guilt or innocence at trial, grand juries decide whether the evidence presented by the prosecutor is sufficient to support felony criminal charges. (Federal grand juries are the equivalent process for federal crimes.) Usually those cases involve complex drug trafficking, murder or fraud allegations, as well as factors such as public corruption or organized crime.

If the grand jury concludes that sufficient indications exist that the crime occurred, it issues a "presentment" that summarizes the evidence and recommends whether specific charges should be filed against suspected individuals. The prosecutor is not bound by Pennsylvania law to heed a grand jury recommendation that criminal charges should be filed, but they usually do. (In New Jersey and New York, grand juries have the power to indict.) A presentment often doubles as the "affidavit of probable cause" that a county or state prosecutor must submit when filing file criminal charges.

Grand juries can also investigate matters such as clergy sexual abuse or child safety, and compile sweeping reports that recommend changes in public policy. For instance, the report submitted by the Philadelphia District Attorney about the West Philadelphia abortion clinic run by Kermit Gosnell has fifteen recommendations of institutional and legal reforms to address systematic flaws in the system and improve law enforcement.

What Are the Rights of Citizens Called to Testify Before Grand Juries?

Grand juries have subpoena power, meaning they can require testimony from witnesses who refuse to talk, backed by the power to initiate civil and criminal contempt proceedings. Due to the potential sensitive nature of the proceedings and to protect juror anonymity, meeting locations are kept secret.

Unlike the federal grand jury process, a witness subpoenaed to appear before a Pennsylvania grand jury is entitled to the assistance of counsel under section 4549 of the commonwealth's Investigating Grand Jury Act. This includes "assistance during such time as the witness is questioned in the presence of the investigating grand jury."

Advice from an experienced Pennsylvania criminal defense attorney can play a critical role if the witness is also suspected of a role in the criminal activity. In addition to advising a client about his or her rights, a lawyer can consult with the prosecution to gauge the strength of the case or initiate an investigation to counter the state's evidence.

Felony Accusations and Investigations Demand Experienced Criminal Law Defense

A Pennsylvania defense lawyer can help clients assess their full range of legal options if they are suspected of criminal involvement. Federal and state criminal prosecutions that commonly commence with grand jury investigations include:
- Mail fraud, wire fraud, money laundering or credit card fraud
- Computer crimes and Internet crimes
- Child pornography manufacture or possession
- Mortgage fraud and insurance fraud
- Bribery and public contract fraud
- Drug crimes, including drug conspiracy or possession with intent to deliver
- Financial crimes, insider trading or bank fraud

An aggressive defense from a dedicated lawyer is the best response to the first indication of prosecutorial interest. Due to the massive commitment of investigative resources and public perception of such criminal cases, prosecutors are under extreme pressure to deliver indictments and convictions in the aftermath of a grand jury. Suspected individuals must assert their rights and protect their interests to guard against becoming entangled in an indiscriminate dragnet and overzealous prosecution.

Article provided by Randolph L. Goldman
Visit us at www.rgoldmanlawyer.com