Blog
Michigan Federal Grand Jury Subpoena Defense
Contents
- 1 What is a Federal Grand Jury Subpoena?
- 2 Why Did I Receive a Federal Grand Jury Subpoena?
- 3 What Happens if I Ignore a Federal Grand Jury Subpoena?
- 4 What Should I Do if I Receive a Federal Grand Jury Subpoena?
- 5 Potential Challenges to a Federal Grand Jury Subpoena
- 6 What are the Potential Outcomes After Receiving a Subpoena?
- 7 The Importance of Experienced Legal Representation
What is a Federal Grand Jury Subpoena?
A federal grand jury subpoena is basically a formal request for you to provide information, either in the form of documents or testimony, to help the grand jury decide if a federal crime has been committed. The grand jury is a group of citizens, usually between 16-23 people, who hear evidence presented by federal prosecutors. Their job is to determine if there’s probable cause to believe someone committed a federal offense. If so, they issue an indictment, which is a formal accusation that the person committed a crime. An indictment is required for federal felony charges. There are two main types of federal grand jury subpoenas:
- Subpoena ad testificandum – requires you to testify before the grand jury
- Subpoena duces tecum – requires you to provide documents or evidence
A single subpoena may require both testimony and evidence. The subpoena will clearly state what is required and when and where you must appear.
Why Did I Receive a Federal Grand Jury Subpoena?
Receiving a subpoena does not necessarily mean you’re suspected of a crime. You may have information or evidence that’s relevant to the grand jury’s investigation, even if you’re not the target. However, it’s also possible that you are a subject or target of the investigation. The U.S. Attorney’s Manual defines a “subject” as a person whose conduct is within the scope of the grand jury’s investigation. A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.If you’re not sure whether you’re a target, subject, or simply a witness, you can ask the prosecutor. They may tell you, although they’re not required to. Regardless of your status, it’s critical to take the subpoena seriously and consult with an experienced federal criminal defense attorney right away. Even if you believe you’ve done nothing wrong, you need to protect your rights and interests.
What Happens if I Ignore a Federal Grand Jury Subpoena?
Ignoring a federal grand jury subpoena is a really bad idea. Failure to comply with a valid subpoena can lead to contempt of court charges, fines, and even jail time in some cases. If you have a very compelling reason why you cannot comply with the subpoena, you may be able to challenge it in court or negotiate with the prosecutor. But you can’t simply ignore it. That will only make your situation much worse.
What Should I Do if I Receive a Federal Grand Jury Subpoena?
If a federal agent serves you with a grand jury subpoena, here are the key steps you should take:
- Contact a federal criminal defense lawyer immediately. Do not try to handle this on your own. An experienced attorney can assess your situation, advise you of your rights and obligations, and communicate with the prosecutor on your behalf. Many people make the mistake of thinking they can just “explain everything” to the grand jury and clear things up. Don’t fall into this trap. Anything you say can be used against you. Consult with counsel first.
- Preserve any requested documents. If the subpoena requires you to produce documents (a subpoena duces tecum), you have a legal obligation to preserve those materials. Don’t delete, destroy or alter anything that might be responsive to the subpoena. Doing so could be considered obstruction of justice. Your lawyer can help you determine what documents are responsive.
- Appear on the scheduled date unless your lawyer arranges otherwise. The subpoena will specify when and where you must appear. You (or your attorney) may be able to negotiate a different date if the one listed is not feasible. But don’t just not show up. That can be considered contempt of court.
- Assert your Fifth Amendment right against self-incrimination if needed. The Fifth Amendment to the U.S. Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” If answering a question would tend to incriminate you, you have the right to assert the Fifth Amendment and refuse to answer. Your lawyer can advise you if this is necessary in your case. If you are granted immunity, however, you can be compelled to testify.
- Never lie or provide false information. You are required to tell the truth to the grand jury. Lying is perjury, which is a serious federal crime in itself. If you are unsure how to answer a question or are concerned about self-incrimination, tell the grand jury you need to consult with your attorney before answering. They will give you an opportunity to step out and confer with counsel.
- Do not discuss your testimony with others. Grand jury proceedings are secret, meaning the general public is not allowed to know what occurred. Revealing anything about your testimony could be considered contempt of court. The only people you should discuss your testimony with are your lawyer and potentially your spouse (marital communications privilege may apply).
Potential Challenges to a Federal Grand Jury Subpoena
In some cases, it may be possible to challenge the subpoena itself and potentially have it quashed (cancelled) by a judge. Some potential grounds for challenging a subpoena include:
- The subpoena was improperly issued or served
- The information sought is privileged (e.g. attorney-client privilege, doctor-patient privilege, etc.)
- The subpoena is overbroad or unduly burdensome
- Compliance would violate your constitutional rights (e.g. First Amendment, Fourth Amendment, Fifth Amendment)
Challenging a subpoena is very fact-specific and depends on the unique circumstances of your case. An experienced federal criminal defense attorney can assess whether you may have grounds to quash the subpoena and can file the appropriate motion with the court.
What are the Potential Outcomes After Receiving a Subpoena?
After receiving a subpoena and either testifying or providing documents, there are a few potential outcomes:
- No further action. You may never hear anything else about the case. Grand jury proceedings are secret, so even if you testify, you may not be told whether indictments were issued or if the case was dropped. No news is generally good news in this context.
- Called as a trial witness. If indictments are issued and the case goes to trial, the prosecutor may call you as a witness to testify. If this occurs, your lawyer can help prepare you and protect your rights in court.
- You are indicted. If the grand jury finds probable cause that you committed a crime, you could be indicted. If this happens, you will be arrested and the case will proceed to trial unless you plead guilty or the charges are dismissed. This is why it’s so critical to have an experienced federal defense lawyer in your corner from the very beginning. They can work to prevent an indictment in the first place or start building your defense immediately if charges are filed.
The Importance of Experienced Legal Representation
Receiving a federal grand jury subpoena can be an intimidating and stressful experience, whether you believe you’ve done anything wrong or not. The U.S. criminal justice system is incredibly complex, and federal investigations are serious matters. Trying to handle it on your own is simply too risky.An experienced federal criminal defense attorney can be your guide and advocate through this process. They can:
- Communicate with the prosecutor on your behalf to gather information about the investigation and your status
- Review the subpoena to determine what information or documents are being sought
- Advise you on your rights and obligations under the subpoena
- Assess whether you have any grounds to challenge the subpoena
- Help you gather and produce any required documents
- Prepare you to testify before the grand jury if necessary
- Protect your rights and advocate for your interests at every stage
When your reputation, freedom, and future are on the line, you need a skilled professional in your corner. If you’ve been served with a federal grand jury subpoena in Michigan, contact a respected federal criminal defense attorney right away. The sooner you have legal representation, the better protected you will be.