Jun 4, 2025

Grand Jury Subpoena FAQ

Understanding Grand Jury Subpoenas

A grand jury subpoena is a legal document that requires an individual to provide testimony or produce evidence in connection with a criminal investigation. Grand juries are used primarily in the federal system and in some states to determine whether there is probable cause to believe a crime has been committed and whether charges should be brought.

What is a Grand Jury Subpoena?

A grand jury subpoena is issued by a prosecutor or the grand jury itself. There are two main types: a subpoena ad testificandum, which requires a person to testify, and a subpoena duces tecum, which requires a person to produce documents or other evidence.

Receiving a Grand Jury Subpoena

How do you respond to a grand jury subpoena?

If you receive a grand jury subpoena, it is important to take it seriously. You are legally obligated to comply unless you have a valid legal reason not to, such as a recognized privilege (like attorney-client privilege or the Fifth Amendment right against self-incrimination). It is highly recommended to consult with an attorney before responding, as your response can have significant legal consequences.

How serious is a grand jury subpoena?

Receiving a grand jury subpoena is a serious matter. It means that you may have information relevant to a criminal investigation. Failing to comply can result in contempt of court charges, which may include fines or jail time. Even if you believe you have done nothing wrong, you should seek legal advice to protect your rights.

Legal Obligations and Rights

Can you refuse a grand jury subpoena?

Generally, you cannot simply refuse to comply with a grand jury subpoena. However, there are certain legal grounds on which you may challenge or limit your response, such as asserting your Fifth Amendment right against self-incrimination or other recognized privileges. An attorney can help you determine if any of these apply to your situation and can assist in communicating with the authorities or the court.

Who Can Be Subpoenaed?

Can the grand jury subpoena a victim to testify?

Yes, a grand jury can subpoena anyone who may have relevant information to the investigation, including victims. Victims may be required to testify or provide evidence if the prosecutor or grand jury believes their testimony is necessary to determine whether charges should be filed.

Conclusion

Grand jury subpoenas are powerful legal tools used in criminal investigations. If you receive one, it is crucial to understand your rights and obligations and to seek legal counsel to ensure your interests are protected.

Grand Jury Subpoena FAQ