Criminal Defense Lawyers

Federal Grand Jury Subpoena

What to Do If You Receive a Federal Grand Jury Subpoena

So you just received a federal grand jury subpoena in the mail. Your heart starts racing and your palms get sweaty. A million questions start running through your mind:

• What does this mean?
• Am I in trouble?
• What should I do next?

First of all, take a deep breath. While getting a subpoena can be scary and stressful, the most important thing is to stay calm and take the right steps to protect yourself. In this article, we’ll walk you through exactly what a federal grand jury subpoena means and what you need to do if you receive one. The Spodek Law Group is an elite federal defense law firm, who can help with grand jury subpoena’s nationwide. 

What is a Federal Grand Jury Subpoena?

A federal grand jury subpoena is an official court order requiring you to provide information for a federal criminal investigation. There are two main types of grand jury subpoenas:

1. A subpoena that requires you to testify before the grand jury (also known as a subpoena ad testificandum)
2. A subpoena that requires you to provide documents or other physical evidence (also known as a subpoena duces tecum)

The subpoena will specify exactly what information or testimony is being requested from you and the date by which you need to provide it. Grand jury proceedings are kept secret, so the subpoena will likely warn you not to disclose anything about the investigation to anyone else.1

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. 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.2However, it‘s also possible that you are a target of the investigation, meaning the prosecutor has evidence suggesting you committed a federal crime. If you are a target, the prosecutor will likely inform you of that fact.3

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! 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.12Look for an attorney who has specific experience with federal criminal cases and grand jury proceedings. Ideally, they should be a former federal prosecutor who knows the ins and outs of how these investigations work.4Your attorney can help you figure out if you are a target, subject, or witness in the investigation. They can also help you comply with the subpoena while protecting your rights and minimizing your exposure to any potential criminal charges.2

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. That includes your spouse, family, friends, and colleagues. Don‘t post anything about it on social media either.1Remember, federal grand jury proceedings are secret by law. Discussing the subpoena could be considered obstruction of justice, even if that’s not your intent.1 Play it safe and keep your mouth shut. Let your attorney do the talking for you.

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

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

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

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

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!

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2024-03-12

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2024-03-12

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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

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.

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Step 3: Gather Any Requested Documents

If the subpoena requires you to provide documents or other records (a subpoena duces tecum), start locating and gathering those materials right away. Your attorney can help you figure out exactly what needs to be turned over.Make copies of everything so you have a complete record of what you provided. Don’t destroy, hide, or alter any documents, even if you think they might be incriminating. That could be considered obstruction of justice and get you into even more trouble.4

Step 4: Prepare for Your Grand Jury Testimony

If you‘ve been subpoenaed to testify before the federal grand jury, take the time to thoroughly prepare with your attorney. Some key things to keep in mind:

• You will testify under oath, so always tell the truth. Lying to the grand jury is perjury, which is a federal crime.2
• You have the right to invoke the Fifth Amendment and refuse to answer any questions that could incriminate you.1 Your attorney can advise you on when to “plead the Fifth.”
• The prosecutor will ask you questions before the grand jury, but your attorney cannot come into the room with you. If you’re unsure about an answer, you can ask to step out and consult with your attorney.2
• Stick to short, direct answers and don’t volunteer extra information. The more you say, the more ammunition you could be giving the prosecutor.4
• If you don’t recall something or aren’t sure about an answer, just say “I don’t know” or “I don’t remember.” Don’t guess or speculate.4

Your attorney will go through practice questions with you so you feel more comfortable and prepared. The better prepared you are, the less likely you are to say something that could get you into trouble.

Step 5: Assert Your Rights If Needed

In some cases, prosecutors may try to pressure you into testifying even if your answers could incriminate you. Always remember: you have constitutional rights, even in the grand jury room. Those include:

• The right to invoke the Fifth Amendment as described above
• The right to have an attorney represent you (even if they can’t come into the grand jury room with you)
• The right to refuse to testify under certain privileges (like attorney-client or spousal privilege)1

If you feel like your rights are being violated, calmly but firmly assert them. You can say something like, “I’m invoking my Fifth Amendment right to remain silent” or “I need to step out and speak with my attorney.” If the prosecutor continues to pressure you, your attorney can raise objections with the judge.2

What If I Want to Cooperate?

In some situations, it may be in your best interest to cooperate with the federal investigation, especially if you have valuable information and are seeking immunity from prosecution. If you’re considering cooperating, here are a few things to keep in mind:

• Always consult with your attorney first before agreeing to anything. They can help you weigh the pros and cons.
• You may be able to get a “proffer agreement” or “queen for a day” letter that allows you to share information with prosecutors without it being used against you.4
• If you have useful information, your attorney may be able to negotiate an immunity deal in exchange for your cooperation. There are two main types of immunity:
  • Transactional immunity: Complete protection from prosecution for any crimes related to your testimony
  • Use and derivative use immunity: Prosecutors can’t use your testimony against you, but they could still charge you with a crime if they have independent evidence1
• Immunity is not guaranteed. It’s up to the prosecutor to decide whether to grant it based on the value of your information.4
• If you enter into a cooperation agreement, you will likely have to plead guilty to at least some criminal charges. But your sentence may be reduced based on your cooperation.4

Cooperating is a big decision with serious consequences. Don’t try to navigate it on your own. Work closely with your attorney to figure out the best path forward.

Potential Consequences of Ignoring a Federal Target Letter

Getting a federal target letter is very serious. It can become even worse if you ignore it. Here’s what you need to know about the potential consequences of ignoring a federal target letter.

Federal target letters are notifications by the US DOJ, or a federal prosecutor. It means you’re the target of a federal criminal investigation. Being a “target” means the prosecutor has evidence linking you to a crime. The letter will outline the crime, under investigation. It will also explain your rights, and include your right to legal counsel, and the right against self-incrimination. The letter will likely request that you testify before a grand jury, or meet with a prosecutor. It’s crucial you not ignore this. Ignoring it can have severe repercussions.

1. By ignoring the letter you miss your chance to present your side of the story, or negotiate with prosecutors. This can increase your chances of being indicted. Prosecutors might assume your silence is an admission of guilt.
2. If you ignore the letter and start destroying evidence, or interfering in the investigation, this can lead to additional charges like obstruction of justice. That can carry hefty fines, and prison sentences.
3. If you ignore the letter, and are indicted, your failure to cooperate or engage with prosecutors can result in a very unfavorable plea bargain, or a harsh sentence if you’re convicted at trial. Prosecutors can look at your lack of cooperation as an aggravating factor.
4. If you ignore the target letter, it can lead to an arrest warrant being issued. If arrested, you could face pretrial detention.
5. If you ignore the target letter and are indicted, or convicted of a federal crime, this can have huge consequences for your reputation. Ignoring the target letter and allowing the case to escalate can result in negative impacts on you.