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U.S. Attorney Subpoena Lawyers

March 21, 2024 Uncategorized

U.S. Attorney Subpoenas and the Need for a Lawyer

Introduction

A subpoena from a U.S. Attorney can be an intimidating and worrying document to receive. As federal prosecutors, U.S. Attorneys have broad authority to investigate and prosecute federal crimes. If you have been subpoenaed by a U.S. Attorney, it means you are compelled to provide information or testimony to a federal grand jury or for a criminal trial.

This does not necessarily mean you are suspected of a crime. U.S. Attorneys use subpoenas to gather evidence and information from witnesses and third parties relevant to an investigation. However, being caught up in a federal investigation can have serious implications. The stakes are high, and you need an experienced federal criminal defense lawyer to protect your rights.

Overview of Federal Criminal Law

U.S. Attorneys enforce federal criminal statutes codified in the United States Code. Some of the most common federal crimes they prosecute include:

  • Drug crimes – such as trafficking, distribution, and possession of controlled substances
  • Financial crimes – such as wire fraud, mail fraud, tax evasion, money laundering
  • Public corruption – such as bribery, extortion, racketeering
  • Child exploitation crimes
  • Cybercrimes – such as computer hacking, identity theft, online fraud schemes
  • Civil rights violations
  • Immigration violations – such as illegal re-entry, marriage fraud, visa fraud
  • Firearms offenses – such as unlawful possession, distribution, trafficking

The penalties for federal crimes can be severe depending on the charge. Even first-time offenders can face years in federal prison. Some federal statutes impose mandatory minimum sentences that restrict a judge’s discretion at sentencing. Prosecutors may also seek asset forfeiture as part of punishment.

Given what is at stake, targets and subjects of federal investigations will almost always need an experienced federal criminal defense lawyer to guide them through the process.

Your Rights and Protections

The U.S. Constitution provides important rights and protections for individuals facing criminal prosecution. Some key rights include:

  • The right to remain silent and avoid self-incrimination
  • The presumption of innocence unless proven guilty beyond a reasonable doubt
  • The right to an attorney and to have an attorney present for questioning
  • Protection against unreasonable searches and seizures
  • Due process rights such as notice of charges, fair procedures, and the opportunity to respond before punishment

However, you must assert these rights properly or risk waiving them. This is why invoking your right to counsel and following your lawyer’s advice is critical from the earliest stages of an investigation.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

The Grand Jury Process

Federal prosecutors use grand juries to gather evidence during investigations. A grand jury consists of 16 to 23 citizens who hear testimony and review evidence presented by the prosecutor’s office.

As a grand jury witness, you must appear if subpoenaed and answer all questions truthfully. You cannot have your lawyer present inside the grand jury room. However, you can step outside to consult with your lawyer as needed. Your lawyer can also negotiate with the prosecutor before you testify about the scope of questioning.

If you assert your 5th Amendment right against self-incrimination in response to a specific question, the prosecutor may grant you immunity from prosecution on the basis of your testimony. This can compel you to answer despite 5th Amendment concerns.

Even if you are not the target of an investigation, you should have a lawyer to guide you through the process and preserve your rights. Testifying before a grand jury, even under immunity, can have unintended consequences.

Responding to a Subpoena

If you receive a subpoena from a U.S. Attorney, do not ignore it. You should immediately contact a federal criminal defense lawyer experienced in handling these matters. Your lawyer can then:

  • Review the subpoena, understand what documents or testimony are being requested, and determine if the subpoena is valid and enforceable
  • File a motion to quash or limit the subpoena if there are legal grounds to do so
  • Negotiate with the prosecutor handling the case about the scope of the subpoena and production of documents
  • Schedule a meeting to prepare you to testify if necessary
  • Assert valid constitutional privileges and protections on your behalf
  • Represent you before the grand jury and defend your rights during questioning

Even if you have done nothing wrong, testify truthfully, and produce all required documents, an experienced lawyer is essential to ensure your rights are protected.

Possible Outcomes After Receiving a Subpoena

There are several potential outcomes after you have been served a subpoena by federal prosecutors:

  • You testify as a witness: In many cases, people receive subpoenas because investigators believe they may have relevant information about a crime or persons of interest. The prosecutor simply wants to interview you or ask you to testify honestly before a grand jury. As long as you cooperate and tell the truth as you know it, you should not face any criminal exposure yourself.
  • You invoke the 5th Amendment: If answering certain questions truthfully might implicate you in criminal activity, your lawyer can advise you to assert your 5th Amendment right against self-incrimination. Prosecutors may or may not offer you immunity in exchange for compelled testimony.
  • You are offered immunity: If granted immunity, you must testify truthfully and responsively. Immunity protects you only from prosecution based on your testimony, not for other bad acts. Immunity is not a free pass to lie or obstruct justice.
  • You become a target or subject: If evidence suggests you were personally involved in criminal activity, you may become a target or subject of the grand jury probe. Your lawyer can negotiate with prosecutors on your behalf to avoid or minimize charges.
  • No further action: If the grand jury concludes there is insufficient evidence of criminal conduct after hearing all testimony and reviewing evidence, they may decide not to issue any indictments. Your involvement would then end.
  • Indictment: If the grand jury decides there is probable cause to charge you with a federal crime, the prosecutor will draft an indictment document listing the charges against you. You would then need to plead not guilty and fight the charges in U.S. District Court.

While any outcome is possible, an experienced lawyer can help guide you through the process and seek the most favorable resolution under the circumstances. Don’t go it alone if subpoenaed.

Fighting Subpoenas Issued to Third Parties

At times, prosecutors issue subpoenas not to you but rather to third parties like banks, employers, internet and phone providers, medical offices, and more. The records sought might contain your personal or confidential information.

You may have legal grounds to fight or limit the scope of these third party subpoenas to protect your rights. Possible arguments include:

  • The subpoena seeks information protected by privacy rights under federal or state law
  • It demands confidential information like medical, financial, or legal records
  • It is overly broad, vague, lacks specificity, or requests irrelevant materials
  • Complying would be unduly burdensome
  • Privileges like attorney-client privilege or spousal privilege apply

An experienced lawyer can file a motion to quash or modify the subpoena on your behalf. This may limit what information prosecutors can obtain.

Hiring an Experienced Federal Criminal Defense Lawyer

Here are some tips for hiring the right lawyer if you are facing a subpoena from a U.S. Attorney’s office:

  • Find an experienced federal practitioner: Not all defense lawyers have practice experience in federal court. Find someone well-versed in federal cases and procedures.
  • Seek out recommendations: Ask white collar defense lawyers in your area who they might recommend for your type of situation.
  • Ask about credentials: Board certification in criminal law and past experience handling federal grand jury proceedings are pluses.
  • Inquire about rates: Rates vary among lawyers and firms. See what payment plans or fee structures they offer.
  • Discuss strategy: A good lawyer will analyze your situation and discuss your options before moving forward.
  • Check reviews: Visit online sites like Avvo and Google to read client reviews and feedback.
  • Trust your gut: Work with a lawyer you feel comfortable with and who earns your trust.

Never go through a U.S. Attorney subpoena situation without skilled legal guidance. The right lawyer can make all the difference.

Conclusion

Receiving a subpoena from federal prosecutors is a serious matter with potentially grave implications. Many legal issues and factors are involved in responding properly. To protect your rights and interests, it is critical to engage an experienced federal criminal defense lawyer as early as possible after being subpoenaed. With skilled representation guiding you, you can avoid or minimize penalties and long-term consequences.

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