The Fifth Amendment right to grand jury indictment is only constitutionally required in federal cases. Organizational Matters

		Jurisdiction

The authority of a federal grand jury is sweeping, but it is limited to the investigation of possible violations of federal criminal law triable in the district in which it is sitting. In many cases, the government will have already conducted an investigation and the attorney for the government will present evidence to the panel. Like the attorney-client privilege, it is subject to a crime/fraud exception. The Sixth Amendment, however, does not assure a grand jury witness of the right to have an attorney present when the witness testifies before the grand jury. Generally it will not. Once before the grand jury, a witness may decline to present self-incriminating testimony. The areas beyond the cloak of grand jury secrecy may include instances where: (1) the individual with the information is not bound to maintain the grand jury's secrets; (2) disclosure does not constitute disclosure of "matters occurring before the grand jury;" (3) subsequent use of the information presented to the grand jury is not "disclosure;" (4) the disclosure is to an attorney for the government or a government employee for use in the performance of the attorney's duties; (5) disclosure is "directed by the court preliminary to or in connection with a judicial proceeding;" (6) a defendant seeks to dismiss an indictment because of grand jury irregularities; (7) an attorney for the government discloses the information to another grand jury; (8) disclosed to state officials for purposes of enforcing state law; (9) disclosure is expressly permitted by statute; and (10) continued secrecy would be inconsistent with history of the grand jury's relationship with the court and of the common law origins of the rule. The district court which empanels the grand jury receives such communications and enjoys the discretion to determine the extent to which the reports should be sealed, expunged or disclosed.
The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers.
As an arm of the U.S. District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury's subject matter and geographical jurisdiction is that of the court to which it is attached.
As a general rule, the law is entitled to everyone's evidence. Witnesses subpoenaed to appear before the grand jury, therefore, will find little to excuse their appearance. Once before the panel, however, they are entitled to benefit of various constitutional, common law and statutory privileges including the right to withhold self-incriminating testimony and the security of confidentiality of their attorney-client communications. They are not, however, entitled to have an attorney with them in the grand jury room when they testify.
The grand jury conducts its business in secret. Those who attend its sessions other than witnesses may disclose its secrets only when the interests of justice permit.
Unless the independence of the grand jury is overborne, irregularities in the grand jury process ordinarily will not result in dismissal of an indictment, particularly where dismissal is sought after conviction.
The concurrence of the attorney for the government is required for the trial of any indictment voted by the grand jury. In the absence of such an endorsement or when a panel seeks to report, the court enjoys narrowly exercised discretion to dictate expungement or permit distribution of the report.
This report is available in an abridged form—without footnotes or citations to authority—as CRS Report RS20214, Federal Grand Juries: The Law in a Nutshell.