After the investigation of a felony case has concluded and has been referred to a prosecutor, a target letter is served upon an individual who is suspected of committing the crime. This letter states that the individual is the subject or “target” of a grand jury investigation. The target letter will identify each alleged offense along with the statute, the date of each offense, and the county where the offense occurred.
The target letter will also state the date, time, court and court address for which the grand jury hearing. The letter is then delivered to the target defendant. The target, as in all criminal matters, has the right to counsel. If he or she cannot afford an attorney, the target has a right to a public defender. The target has the right to testify at grand jury. However, the target has very limited rights to present evidence.
The grand jury cannot be held earlier than 4 days from receipt of the target letter for those individuals in custody and 10 days for those out of custody. Due to the tight deadlines, the prosecutor must use reasonable diligence in notifying the target of the grand jury investigation. There is an exception to the notice requirement where the target is a flight risk, possible obstruction of justice, or danger to others.