Federal Subpoena

What to Do if You Receive a Federal Subpoena

If you receive a federal grand jury subpoena, that means that you or someone you know or were affiliated with is the target of a federal criminal investigation by the Department of Justice. Receiving a subpoena can be an intimidating and stressful experience. But don’t panic, our experienced federal defense attorneys at Spodek Law Group are here to help guide you through the process and protect your rights.

Understanding Federal Grand Jury Subpoenas

A federal grand jury subpoena is a court order requiring you to testify before a grand jury and/or produce certain documents. Grand juries are groups of citizens who hear evidence presented by federal prosecutors and decide whether there is “probable cause” to believe a federal crime was committed and that a specific person committed it.

Grand jury proceedings are secret. No judge is present and usually no one is present except the grand jurors, the prosecutor, a court reporter, and a witness. The grand jury has the power to issue subpoenas to compel witness testimony and require production of documents and other evidence.

There are two main types of federal grand jury subpoenas:

• Subpoena ad testificandum – requires a person to testify before the grand jury
• Subpoena duces tecum – requires a person to produce documents, records, or other tangible evidence

If you receive either type of subpoena, it’s critical to take it seriously and consult with an experienced federal defense attorney right away. Failing to comply with a subpoena can result in being held in contempt of court.

What Are Your Rights if Subpoenaed?

When subpoenaed to testify before a federal grand jury, it’s important to understand your rights:

• You have the right to retain an attorney. Although your attorney cannot accompany you into the grand jury room, they can wait outside and you can consult with them after each question.
• You have the right to assert the Fifth Amendment privilege against self-incrimination if your answers could expose you to criminal liability. A skilled attorney can help you navigate when to assert this right.
• You have the right to request immunity in exchange for your testimony. If immunity is granted, nothing you say can be used against you in a criminal case. Our attorneys can negotiate with prosecutors for immunity where appropriate.
• You have the right to file a motion to quash the subpoena if you believe it is invalid or unreasonable. Valid grounds to quash include the subpoena being overly broad or burdensome.

At Spodek Law Group, we thoroughly review the subpoena and assess which of your rights may apply. We’ll be by your side every step of the way to protect your interests.

Responding to a Federal Grand Jury Subpoena

The most important thing to remember if you receive a federal grand jury subpoena is do not ignore it. Take it seriously and contact an attorney immediately. Ignoring a subpoena can lead to an arrest warrant being issued.

If the subpoena requires you to produce documents:

• Do not destroy, alter, or hide any documents requested in the subpoena. This could be considered obstruction of justice.
• Gather all the requested documents and provide them to your attorney for review. Your attorney can ensure you are complying with the subpoena properly.
• If you do not have some of the requested documents, inform your attorney so they can notify the prosecutor. Do not make any false statements about documents you do or do not possess.

If the subpoena requires you to testify:

• Consult with your attorney about the scope of the prosecutor’s questions and your potential exposure. Your attorney can advise you on when to assert your Fifth Amendment rights.
• Be truthful in all your answers to the grand jury. Lying under oath is perjury, a serious federal offense. If a question calls for an answer that could incriminate you, assert your Fifth Amendment right or request immunity.
• Keep your answers short and concise. Do not volunteer extra information not asked for.
• After each question, you can ask to step out and consult with your attorney waiting outside the grand jury room. Use this opportunity as needed.

Our veteran team of federal defense attorneys can prepare you for your grand jury appearance and be present to advise you. We know the tricks prosecutors use and can counter their tactics at every turn.

Potential Outcomes After Receiving a Subpoena

Receiving a federal grand jury subpoena does not necessarily mean you will be charged with a crime. After the grand jury hears testimony and reviews evidence, there are three possible outcomes:

• No indictment (“no bill”) – The grand jury does not find probable cause of a crime and no charges are filed.
• Indictment (“true bill”) – The grand jury finds probable cause and an indictment is filed. This means formal criminal charges and the case will proceed to trial unless a plea deal is reached.
• Sealing of the indictment – The indictment is sealed and kept secret until the defendant is arrested. This is common where there is a risk of the defendant fleeing.

If you are indicted, our battle-tested federal criminal defense lawyers are prepared to mount an aggressive defense on your behalf. We have a track record of getting charges dismissed or reduced, or securing acquittals at trial.

Choosing the Right Federal Defense Attorney

Being targeted in a federal investigation is a high-stakes matter. Choosing the right attorney to defend you can make all the difference in the outcome of your case. Here are some key things to look for:

• Specific experience defending federal criminal cases
• Familiarity with the federal court system and federal rules of procedure
• Knowledge of the U.S. Sentencing Guidelines
• Relationships with federal prosecutors to negotiate on your behalf
• Trial experience in federal court in case you are indicted

At Spodek Law Group, we have been defending clients in high-profile federal criminal matters for decades. We have a deep bench of seasoned trial lawyers and former federal prosecutors on our team. We know how the feds operate and can anticipate their every move.