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Sealed Grand Jury Indictments
This is used when the Prosecutor does not want to alert the potential defendant(s) to the fact that an indictment will be sought. The way that this works is that the Prosecutor presents the case directly to the Grand Jury and obtains an indictment. Once the indictment is obtained, an arrest warrant for the named defendant(s) is granted.
This is used rarely and is generally used on large white-collar investigations by the District Attorneys office.
If a defendant is under suspicion that he/she is under investigation by the District Attorneys Office he/she can serve cross grand jury notice on the District Attorneys office even though no Felony Complaint is pending in local criminal court to reserve this right. The safe way to do this would be have this notice “clocked in” with the District Attorneys office and to send follow-up notices asserting this right. A defendant might be aware of a pending investigation through the use of search warrants executed at their place of business or other places.
In case like this there is usually a pending civil suit for forfeiture of monies obtained as a result of the illegal criminal conduct.