Blog
Subpoenaed in Augusta? Elite Legal Counsel to Protect You
Contents
- 1 You’ve Been Subpoenaed by a Federal Grand Jury, Now What?
- 2 Why Did I Get a Federal Grand Jury Subpoena?
- 3 Step 1: Hire an Experienced Federal Criminal Defense Attorney
- 4 Step 2: Don’t Talk to Anyone Else About the Subpoena
- 5 Step 3: Gather Any Requested Documents
- 6 Step 4: Prepare for Your Grand Jury Testimony
- 7 Step 5: Assert Your Rights If Needed
- 8 What If I Want to Cooperate?
- 9 The Spodek Law Group: Elite Criminal Defense Nationwide
You’ve Been Subpoenaed by a Federal Grand Jury, Now What?
So, you just received a federal grand jury subpoena in the mail, and your heart starts racing – what does this mean? Am I in trouble? What should I do next? Take a deep breath, we’re here to walk you through this step-by-step. 124A federal grand jury subpoena is an official court order, requiring you to provide information for a federal criminal investigation, it’s not something to be taken lightly. 4 But, don’t panic just yet, receiving one doesn’t necessarily mean you’re the target of an investigation or that you’ve done anything wrong. 4There are two main types of grand jury subpoenas:
- A subpoena that requires you to testify before the grand jury (subpoena ad testificandum)
- A subpoena that requires you to provide documents or other physical evidence (subpoena duces tecum) 4
The subpoena will specify exactly what information or testimony is being requested from you, and the date by which you need to provide it. 4 Grand jury proceedings are kept secret, so the subpoena will likely warn you not to disclose anything about the investigation to anyone else. 4
Why Did I Get a Federal Grand Jury Subpoena?
If you’ve been subpoenaed by a federal grand jury, it means the prosecutor believes you have information that could be relevant to a federal criminal investigation. 4 This doesn’t necessarily mean you are suspected of committing a crime, you could simply be a witness who saw or heard something that could help the investigation. 4However, it’s also possible that you are a target of the investigation, meaning the prosecutor has evidence suggesting you committed a federal crime. 4 If you are a target, the prosecutor will likely inform you of that fact. 24
Step 1: Hire an Experienced Federal Criminal Defense Attorney
The very first thing you should do if you receive any type of federal grand jury subpoena is hire an experienced federal criminal defense attorney. Do not try to handle this on your own! 14 Federal investigations and the grand jury process are extremely complex, you need an attorney who understands the system and can advise you of your rights. 14Look for an attorney who has specific experience with federal criminal cases and grand jury proceedings. 14 Ideally, they should be a former federal prosecutor who knows the ins and outs of how these investigations work. 13Your attorney can help you figure out if you are a target, subject, or witness in the investigation. 14 They can also help you comply with the subpoena while protecting your rights and minimizing your exposure to any potential criminal charges. 14
Step 2: Don’t Talk to Anyone Else About the Subpoena
It bears repeating: do NOT discuss the subpoena or the federal investigation with anyone besides your attorney. 14 That includes your spouse, family, friends, and colleagues. Don’t post anything about it on social media either. 4Remember, federal grand jury proceedings are secret by law. 4 Discussing the subpoena could be considered obstruction of justice, even if that’s not your intent. 4 Play it safe and keep your mouth shut, let your attorney do the talking for you. 14
Step 3: Gather Any Requested Documents
If the subpoena requires you to provide documents or other records (a subpoena duces tecum), start locating and organizing those materials immediately. 4 Your attorney can review them and advise you on which ones are covered by attorney-client privilege or other legal protections. 2Do not alter, destroy, or withhold any requested documents, as that could lead to criminal charges for obstruction of justice or contempt of court. 24 If certain documents are privileged or you otherwise object to producing them, your attorney can file a motion to quash or modify the subpoena. 2
Step 4: Prepare for Your Grand Jury Testimony
If you’ve been subpoenaed to testify before the grand jury (subpoena ad testificandum), your attorney will want to prepare you thoroughly. 14 This may involve:
- Reviewing the questions you’re likely to be asked
- Practicing your testimony
- Advising you on what to say and what not to say
- Explaining the importance of being fully truthful
Your attorney’s goal is to ensure you understand your rights, avoid making inadvertent admissions that could incriminate you, and give testimony that is clear, concise and accurate. 14
Step 5: Assert Your Rights If Needed
While you generally must comply with a lawfully issued grand jury subpoena, you do have certain rights that your attorney can help you assert, such as:
- The right against self-incrimination under the Fifth Amendment
- Attorney-client privilege
- Other legally recognized privileges
If the prosecutor asks questions that violate your rights, your attorney can object and advise you not to answer. 124 They can also challenge the subpoena itself if it is overly broad or issued improperly. 2
What If I Want to Cooperate?
In some cases, it may be in your best interest to cooperate with the federal investigation, especially if you are not the target. 14 Your attorney can negotiate with the prosecutor for some form of cooperation agreement or immunity deal. 1However, you should never attempt to cooperate without experienced legal counsel. 14 The prosecutors are not on your side, and anything you say can potentially be used against you. 14 Let your lawyer handle all communications and negotiations.
The Spodek Law Group: Elite Criminal Defense Nationwide
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm that leaves no stone unturned in fighting for you. 1 The Spodek Law Group is that firm – we’re focused on providing the highest level of service and case results for our clients. 1Our New York criminal defense lawyers are focused on servicing a curated clientele that expects high-class service and exceptional legal expertise. 1 We have over 50 years of combined experience handling the toughest legal situations nationwide and even internationally. 1When you’re looking for a criminal defense lawyer, Spodek Law Group is a firm that will be on your radar. 1 Our reputation is well-received by other attorneys and members of the media alike. 1 In 2022, Netflix released a series about one of our clients: Anna Delvey/Anna Sorokin. 1Most law firms implement a cookie-cutter strategy to fight your case and save their own time, they don’t look carefully at your situation. 1 At Spodek Law Group, we leave no stone unturned, we do everything possible to win, everything we do is focused on getting you results. 1We understand the difficulties of going through a case, if you’re accused of a crime, schedule a consultation with our criminal attorneys today. 1 Sometimes prosecutors will only be fair if you respond with force, without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. 1The only way to truly know is to hire a private criminal defense attorney. 1 At Spodek Law Group, we pride ourselves on taking a hands-on approach, researching the exact situation surrounding your case, and putting in the legwork to be familiar with every single detail. 1 Our firm has excellent work ethics, and we constantly hold meetings to discuss and address all of our cases. 1 In an emergency, we have a full team of lawyers available to help you. 1Regardless of how tough your situation is, we are here to help you. 1 Our criminal defense lawyers work hard to find a solution, irrespective of the situation you find yourself in. 1 Many clients are embarrassed by their situation and don’t speak openly about their alleged issue, we encourage open dialogue and recommend full transparency so we can give you the best possible legal advice. 1The Spodek Law Group handles cases nationwide, we have offices in NYC and Los Angeles. 1 If you or a loved one has been subpoenaed by a federal grand jury, don’t wait, contact us immediately for a confidential consultation. 1