Criminal Defense Lawyers

Grand Jury Subpoena

Grand Jury Subpoena: What It Is and What To Do If You Get One

You’ve Been Subpoenaed by a Federal Grand Jury – Now What?

Getting that letter in the mail with the ominous words “Grand Jury Subpoena” can really throw you for a loop. Your stomach drops and your mind starts racing – what does this mean? Am I in trouble with the law? What should I do next?Take a deep breath. Getting subpoenaed by a federal grand jury doesn’t automatically mean you’re being accused of a crime. But it is a very serious matter that requires an appropriate response. Let‘s break down what a grand jury subpoena is, what it could signify, and the right steps to take if you find yourself on the receiving end of one.

Understanding the Grand Jury Process

A grand jury is a group of citizens who get together to review evidence of potential federal crimes and decide if there’s enough proof to indict someone (officially accuse them of a crime). It’s basically a screening process before a case can go to trial.The grand jury listens only to the prosecution‘s side and decides if there’s probable cause that a crime was committed. If so, they‘ll issue an indictment. If not, they’ll return a “no true bill” and the case won’t proceed further.To gather evidence and testimony for their investigation, the grand jury has the power to subpoena witnesses and documents. That’s where you might come in.

Two Types of Grand Jury Subpoenas

There are two main kinds of grand jury subpoenas the government can slap you with:

1. Subpoena Ad Testificandum – This demands your presence to testify under oath before the grand jury about what you know.
2. Subpoena Duces Tecum – With this one, you have to produce specified documents, records, or other physical evidence related to the investigation.

You could potentially get hit with both types, requiring you to show up and bring materials with you. Fun times!

What It Means If You Get a Subpoena

Getting subpoenaed doesn‘t necessarily mean you’re the target of the investigation and about to be indicted. There are a few potential scenarios:

• You’re a witness – The prosecutors think you might have relevant information or access to documents that could help their case against someone else. You’re just a bystander they want to question.
• You’re a subject – The evidence suggests you may have been involved in or know about a potential crime, but the prosecutors aren’t sure if they can prove you committed a crime yet. You’re on their radar.
• You’re a target – The grand jury has credible evidence pointing to you as the one who likely committed the crime they’re investigating. An indictment against you is a real possibility.

Obviously, being a target is the worst case scenario. But even as a witness, you need to tread very carefully. Mishandling a subpoena can quickly turn you into a subject or target if you‘re not cautious.

What To Do If You Get Subpoenaed

No matter what category you fall into, getting that subpoena in the mail is a big deal that requires your full and immediate attention. Here are the key steps to take:

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1) Don’t Panic, But Don’t Ignore It Either

A subpoena from a grand jury isn’t the same as a polite request. It’s a legally binding order. Ignoring it or intentionally blowing it off can quickly land you in hot water for contempt of court or obstruction of justice charges. Not a good look.At the same time, try not to freak out too much. Take a deep breath and approach this calmly and rationally. Panicking rarely helps in these situations.

2) Hire an Experienced Attorney ASAP

This is not the time to go it alone or cheap out on legal representation. An experienced federal criminal defense lawyer is an absolute must if you want to navigate these treacherous waters successfully.A good attorney can help determine your status (witness, subject, target), ensure you’re adequately prepared to testify, raise appropriate objections to the subpoena if warranted, protect you from self-incrimination, negotiate with the prosecutors on your behalf, and craft an overall strategy to put you in the best position possible.Don’t make the mistake of thinking you can handle this yourself or that you don’t need a real pro in your corner. The risks of misstepping are far too high.

3) Carefully Review the Subpoena Details

Work closely with your lawyer to thoroughly examine and understand exactly what the subpoena requires of you. Is it just testimony, just documents, or both? What specific documents or topics do they want you to address?The scope of the subpoena is critical, as that will determine how difficult or easy it will be to comply, as well as if there are any grounds to potentially object to or limit its reach.

4) Start Gathering Requested Materials

If the subpoena calls for you to produce documents or records, you‘ll need to immediately start locating, organizing, and preparing those materials to submit. This is another area where your lawyer‘s guidance is key.You’ll want to be thorough but also carefully review everything to ensure you don’t inadvertently turn over privileged information that could potentially implicate you down the line. Your lawyer can object to the subpoena if it’s too broad or burdensome.

5) Prepare Your Testimony Strategy

If you’ve been summoned to testify before the grand jury, you‘ll need to thoroughly prepare with your attorney‘s assistance. You’ll go over potential lines of questioning, review relevant facts and documents, and ensure you understand what areas you may need to plead the 5th Amendment to avoid self-incrimination.Your lawyer can also seek to limit the scope of questioning in certain areas and will be present in the room (though unable to participate) while you testify to advise you during breaks if needed.

6) Consider Trying to Quash or Modify

In some cases, your lawyer may advise trying to legally challenge or modify the subpoena if they believe it is overly broad, burdensome, invades privileged areas, or was improperly issued.This is done by filing a motion to quash (completely cancel) or modify the subpoena with the court overseeing the grand jury. However, the grounds for doing so successfully are fairly limited, so you’ll need a strong legal basis.

7) Comply Fully (Within Reason)

Assuming the subpoena is ultimately found to be valid, you’ll need to fully comply with its demands for testimony and/or documents to the fullest extent possible. Holding back or withholding can expose you to contempt charges.That said, your lawyer can still object to certain questions or document requests if they’re privileged or would force you to self-incriminate. But in general, your safest approach is full compliance within the permitted boundaries.

8) Avoid Discussing the Matter Publicly

Grand jury proceedings are meant to be kept under tight wraps to protect the integrity of the investigation. Once you receive a subpoena, you‘ll want to be very cautious about publicly discussing the matter, even if it’s just venting to friends or posting about it on social media.Anything you say could potentially be used against you, so it’s best to keep quiet and only discuss details with your lawyer to safeguard your rights and interests. The prosecutors take grand jury secrecy very seriously.

Potential Outcomes After Testifying

Once you‘ve testified and/or provided requested documents to the grand jury, there are a few potential outcomes that could unfold:

• Indictment – If the grand jury decides there is sufficient evidence of a crime, they’ll vote to indict by returning a “true bill.” This would set up the case to proceed towards an official criminal trial.
• No True Bill – If the grand jury finds there is insufficient evidence, they’ll return a “no true bill” and decline to indict. The investigation would likely be dropped at that point.
• More Information Requested – The grand jury could decide they need additional testimony or evidence before making a decision on indictment. They may issue more subpoenas to keep the investigation going.

If indicted, your legal battle will shift towards preparing a defense strategy for trial with your attorney‘s guidance. If no true bill is returned, you‘ll hopefully be in the clear, though the prosecutors could potentially re-subpoena you for a future grand jury down the road.Either way, having an experienced lawyer by your side from the initial subpoena onward is crucial for protecting your rights and putting you in the best position possible throughout this stressful process.