Grand jury witnesses in criminal proceedings (particularly those who are or may become subjects or targets) often find themselves in a catch-22 situation. Testify and risk criminal charges. Or, assert the Fifth Amendment privilege and risk creating a false impression of guilt. Or, obtain (if possible) as much protection as possible via immunity.

It is not uncommon for witnesses in both state and federal grand jury proceedings to consider asserting the Fifth Amendment privilege. If the witnesses do decide to take the Fifth, must they do so in front of the grand jury?