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Receiving a Federal Grand Jury Subpoena After a Target Letter
|Last Updated on: 2nd October 2023, 05:51 pm
Receiving a Federal Grand Jury Subpoena After a Target Letter
Getting a target letter and then a grand jury subpoena can be scary. It means the federal government is investigating you for a crime. Try not to panic though. Having an experienced lawyer can really help.
This article will explain what target letters and grand jury subpoenas are. It will also give tips on what to do if you get one. The goal is to help you understand the process and make smart choices.
What is a target letter?
A target letter is sent by federal prosecutors to someone they are investigating for a crime. It informs the person they are a “target” of an investigation1. This means prosecutors think they have enough evidence to charge the person with a crime.
Target letters are often sent before a grand jury subpoena. The letter is a heads up that the government wants to question you in front of a grand jury.
What is a federal grand jury?
A federal grand jury is a group of citizens who decide whether to bring criminal charges against someone. Prosecutors present evidence to the grand jury about the investigation. If the grand jury thinks criminal charges are warranted, they will return an indictment.
An indictment is a formal criminal charge by the grand jury alleging the target committed specific crimes. Once indicted, the target will face criminal prosecution in federal court.
What is a grand jury subpoena?
A grand jury subpoena orders someone to testify before the federal grand jury. This allows prosecutors to question you under oath about the investigation. You are required by law to comply.
Ignoring the subpoena can lead to being arrested and charged with contempt of court. So you must appear if subpoenaed, unless your lawyer gets the subpoena withdrawn or modified first.
What should I do if I get a target letter?
Don’t panic, but take it very seriously. The letter means you could be facing criminal prosecution soon.
Do not speak to anyone about the investigation without consulting a lawyer first. Anything you say could be used against you.
Hire an experienced federal criminal defense lawyer immediately. You want an aggressive lawyer who has handled federal grand jury investigations before.
Your lawyer can communicate with the prosecutor handling your case. This gives you the best chance of resolving the investigation favorably.
What will happen after I get a grand jury subpoena?
After being subpoenaed, your lawyer will try to negotiate with the prosecutor. For example, they may agree to withdraw the subpoena if you provide certain documents or agree to an informal interview.
If the subpoena stands, you must testify before the grand jury on the date listed. Your lawyer can be present outside the room and object if improper questions are asked.
You have the right to assert your Fifth Amendment right against self-incrimination and refuse to answer questions. But you must explicitly invoke the Fifth for each individual question. It is best to consult your lawyer during the proceedings when needed.
What are the risks of testifying?
Anything you say to the grand jury can potentially be used against you. So the risks include:
- Making statements that could help prosecutors prove their case against you
- Lying and being charged with perjury or obstruction of justice
- Waiving your Fifth Amendment right by answering some questions but not others
That’s why it’s critical to have an experienced federal criminal defense lawyer represent you. They can advise when to answer, assert the Fifth, or object to improper questions.
What happens after testifying?
After you testify, a few things could happen:
- The grand jury may decide not to indict you, ending the criminal case.
- You could be indicted on criminal charges.
- Prosecutors may offer you a plea deal to avoid indictment.
- The investigation may continue further before a decision is made.
Your lawyer will analyze your testimony to see how the investigation progressed. They will also discuss options with you moving forward.
Can I convince the grand jury not to indict me?
It is very rare for a federal grand jury not to indict if prosecutors want an indictment. They only hear the prosecutor’s side.
Your lawyer may ask the prosecutor to present exculpatory evidence that could raise doubts about your guilt. But there is no guarantee.
In some cases, it may be best to assert the Fifth rather than try to persuade the grand jury.
What should I do if indicted?
Being indicted means federal prosecutors believe they have enough evidence to convict you at trial. But it does not mean you are guilty or will be convicted.
Your lawyer will thoroughly analyze the indictment and evidence. They will then discuss your options. This includes negotiating a plea bargain, or preparing for trial.
An experienced federal criminal trial lawyer can get charges dismissed or win at trial. So do not lose hope if indicted.
Conclusion
Receiving a target letter and grand jury subpoena can be intimidating. But understanding the process is key to making smart decisions.
Hiring an aggressive and experienced federal criminal defense lawyer is critical. They can engage with prosecutors on your behalf, defend your rights, and advise you at every stage.
With proper legal representation, even serious federal investigations can be resolved favorably in many cases. So get experienced legal help right away if you receive a target letter or subpoena.