Is there anything that can be done by an attorney while an accused is waiting to find out if they will be indicted by the Grand Jury? Are there any discussions between hired counsel and prosecuting attorney that take place to sway their decision?

Pre-indictment representation can be very helpful and effective. Defense counsel can begin to gather documents and interview witnesses. In a federal case, grand jury witnesses are allowed to speak about their appearance. Thus, it can be helpful to have a defense investigator interview those known to have appeared before the grand jury and learn what they were asked and how they replied. Of course, a potential defendant should not attempt this on his own because it could be construed as obstruction of justice. A defense lawyer can also determine whether it is in the client's interest to testify before the grand jury and make a request to do so if he or she believes the client's defense is so strong it might stop an Indictment. If an indictment seems inevitable, the defense lawyer can begin building a defense to the charges and also open a dialogue with the prosecutor. In federal prosecutions, the prosecutor is not allowed to discuss anything that happened before the grand jury with anyone outside the government, including defense counsel, but he or she can negotiate a pre-indictment settlement of the charges the prosecutor intends to bring. If this involves the client's cooperation with the Government against others, this could result in the defendant being allowed to plead to fewer charges or even lesser charges, and a lesser sentence, than those that would be otherwise contained in an Indictment. The benefits of pre-indictment representation vary from case to case. If you are under investigation by a grand jury, I highly recommend you consult with an experienced criminal defense lawyer as soon as possible. He or she will tell you what can and cannot be accomplished from now until the grand jury concludes its investigation.