Criminal Defense Lawyers

San Antonio Federal Grand Jury Subpoena Defense

What to Do if You Receive a Federal Grand Jury Subpoena in San Antonio

Receiving a federal grand jury subpoena can be a scary and confusing experience, especially if you’re not sure what it means or what to do next. If you’ve been served with a subpoena in San Antonio, the first thing to keep in mind is don’t panic. Take a deep breath and know that you have rights and options.

The most important step is to seek the advice of an experienced federal criminal defense attorney as soon as possible. At Federal Lawyers, our team of skilled lawyers has extensive experience handling all types of federal cases, including grand jury matters. We can guide you through the process and protect your rights every step of the way.

Understanding Federal Grand Juries

Before diving into what to do if you receive a subpoena, it’s helpful to understand what a federal grand jury is and what it does. A grand jury is a group of citizens who are summoned by a court to hear evidence and decide whether a person should be charged with a crime.

In the federal system, grand juries are made up of 16-23 people. They meet in secret and hear evidence presented by federal prosecutors. The grand jury’s job is to determine whether there is probable cause to believe a crime has been committed and that the accused committed it. If the grand jury finds probable cause, it will issue an indictment formally charging the person with a crime.

It’s important to note that a grand jury proceeding is very different from a trial. There is no judge present, and the accused does not have the right to present evidence or cross-examine witnesses. The prosecutor runs the show and has a great deal of power and discretion.

Types of Federal Grand Jury Subpoenas

There are two main types of federal grand jury subpoenas:

1. Subpoena ad testificandum: This type of subpoena requires you to appear before the grand jury and give testimony. You will be questioned by the prosecutor and grand jurors.
2. Subpoena duces tecum: This type of subpoena requires you to produce documents or other physical evidence to the grand jury. The subpoena will specify what needs to be produced and when/where to deliver it.

It’s possible to receive one or both types of subpoenas. If you’re not sure which type you received, let your attorney review it and advise you accordingly.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

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What to Do if You Receive a Subpoena

If a federal agent serves you with a grand jury subpoena, here are some key steps to take:

• Don’t ignore it. Failing to comply with a subpoena can lead to serious consequences, including being held in contempt of court.
• Contact a federal defense lawyer immediately. An experienced attorney can assess your situation, advise you of your rights and obligations, and develop a strategy for responding to the subpoena. Do not talk to anyone else about the subpoena before consulting with a lawyer.
• Don’t destroy or alter any documents. If the subpoena requires you to produce documents, preserve them as they currently exist. Destroying or altering potential evidence can lead to obstruction of justice charges.
• Gather responsive documents. If the subpoena requests documents, start locating and gathering what’s needed so you’re prepared to produce them on time. Your lawyer can help determine what is responsive to the subpoena.
• Assert your Fifth Amendment rights if needed. If you are subpoenaed to testify and your answers could potentially incriminate you, you have the right to assert your Fifth Amendment privilege against self-incrimination. Your lawyer can help determine if this is necessary in your situation.

Potential Defenses and Objections

With the assistance of your federal defense lawyer, there may be grounds to challenge the subpoena or limit what you must provide. Some potential arguments include:

• The subpoena is overbroad, unduly burdensome, or seeks irrelevant information
• The subpoena violates your constitutional rights (e.g. First Amendment, Fourth Amendment, Fifth Amendment)
• The documents requested are protected by attorney-client privilege or other legal privileges
• You need more time to comply with the subpoena
• You are not the custodian of the records requested

Every case is unique, so it’s critical to have an attorney evaluate your specific situation and advise you of your options. Don’t try to handle a federal subpoena on your own.

What Happens Next

After you produce documents and/or testify pursuant to the subpoena, one of a few things may happen:

1. The grand jury may vote to indict you, leading to formal criminal charges.
2. The grand jury may vote not to indict you, and the case will be closed (although charges may still be brought later).
3. You may receive a “target letter” informing you that you are the target of a federal investigation. This means the prosecutor believes they have substantial evidence linking you to a crime and intends to ask the grand jury to indict you.
4. You may hear nothing after complying with the subpoena, which could mean the investigation is still ongoing or has been closed without charges.

Your lawyer can reach out to the prosecutor for more information and keep you updated on the status of the case. Remember that a grand jury subpoena does not necessarily mean you will be charged with a crime. Many investigations end without any charges being filed.

However, if you are indicted, your lawyer will need to shift gears and begin preparing your defense immediately. The federal criminal justice system is extremely complex, and the penalties for conviction are severe. Having a skilled and aggressive advocate in your corner can make all the difference.

Choosing the Right Federal Defense Lawyer

Not all criminal defense lawyers have experience with federal cases or grand jury proceedings. When your future is on the line, it’s critical to choose an attorney who has a proven track record of success in federal court.

At Federal Lawyers, our team has decades of combined experience handling all types of federal charges, from white collar crimes to drug trafficking to public corruption. We have a deep understanding of the federal system and know how to navigate the unique challenges of these cases.

Some key things to look for when choosing a federal defense lawyer include:

• Experience with federal cases and grand jury matters
• Knowledge of the specific federal laws and procedures involved in your case
• Familiarity with the local federal court and prosecutors
• A proven track record of positive results in federal cases
• Personalized attention and a commitment to keeping you informed
• Clear and transparent billing practices

Don’t just go with the first lawyer you find. Take the time to research your options and choose an attorney you feel confident can protect your rights and achieve the best possible outcome.

The Bottom Line

Receiving a federal grand jury subpoena can be an overwhelming experience, but you don’t have to face it alone. At Federal Lawyers, we are here to guide you through the process, protect your rights, and fight for your future.

If you’ve been served with a subpoena in San Antonio or the surrounding areas, contact us today for a free and confidential consultation. We’ll review your case, answer your questions, and provide the skilled and aggressive representation you need during this challenging time.

Remember, the sooner you involve an experienced federal defense lawyer, the better your chances of achieving a positive outcome. Don’t wait until it’s too late. Call Federal Lawyers today and put our team to work for you.

For more information and insights on federal cases, check out these helpful resources:

• What to Do if You’re Subpoenaed to Testify Before a Federal Grand Jury (Reddit)
• How to Handle a Grand Jury Subpoena (Quora)
• What to Do (and Not Do) If You Receive a Federal Grand Jury Subpoena (Forbes)
• 5 Things to Do If You Receive a Grand Jury Subpoena (Entrepreneur)
• Responding to a Federal Grand Jury Subpoena: A Guide for the Perplexed (Law.com)
• What to Expect If You’re Subpoenaed by a Federal Grand Jury (Avvo)
• Federal Grand Jury Subpoenas and the Fifth Amendment (LawInfo)
• Responding to a Federal Grand Jury Subpoena (FindLaw)