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Houston Grand Jury Subpoena Defense Lawyers

March 21, 2024 Uncategorized

Navigating Grand Jury Subpoenas in Houston

When a grand jury in Houston issues a subpoena, it can be scary and confusing. As a defense lawyer practicing in Harris County for over 15 years, I’ve helped many clients handle these situations. In this article, I’ll walk through what a grand jury subpoena is, what your rights and obligations are, and some strategies for responding.

What is a Houston Grand Jury?

A grand jury is a group of 12 people who decide whether there’s enough evidence for someone to be formally charged with a felony crime. They operate in secret – all their proceedings are confidential.
The DA’s office will present evidence and witnesses to the grand jury. If 9 or more grand jurors think there’s probable cause of a crime, they will issue an indictment, which formally charges someone.

Understanding Grand Jury Subpoenas

A grand jury subpoena demands that you turn over documents, or testify in front of the grand jury. They are powerful investigative tools for prosecutors; you must comply or face being held in contempt of court.
However, you still have constitutional rights. The 5th Amendment protects you from having to say anything incriminating. You also have a right to counsel – I can go with you to assert valid privileges in response to questions.

Do I Have to Comply?

In most cases, yes. If you ignore a state grand jury subpoena in Texas, the judge may issue a warrant for your arrest. Fines and jail time for contempt are possible.
However, there are situations where we can file a motion to quash the subpoena. If approved, this eliminates or limits the subpoena. Grounds can include:

  • The information sought is protected by attorney-client privilege
  • You have a 5th Amendment right not to provide self-incriminating testimony
  • The subpoena requests unreasonable volumes of documents
  • The subpoena is the result of prosecutorial misconduct

Responding to a Grand Jury Subpoena for Testimony

If you’ve been subpoenaed to testify in front a Texas grand jury, I strongly advise retaining an experienced criminal defense lawyer like myself to represent you.
I can file motions to quash overbroad or inappropriate subpoena requests. I can also go before the grand jury with you and object to specific questions that violate your 5th Amendment right against self-incrimination.
If you answer questions without me there, you may unknowingly share incriminating information that could be used against you. Prosecutors can even ask tricky questions to turn a witness into a target. My job is to protect your legal rights.

Responding to a Document Subpoena

If you receive a Texas grand jury subpoena duces tecum demanding that you produce documents, act quickly. Prosecutors expect prompt compliance and can seek contempt orders if you delay.
With an attorney’s help, you may be able to negotiate the scope. I also review documents and advise clients on Fifth Amendment implications prior to production.
In some cases, we can file motions to quash if the subpoena is overbroad or requests privileged information. But generally, some responsive documents must be turned over – I manage this process to protect your rights.

Can I Assert the Fifth Amendment?

Yes – even if you comply with a grand jury subpoena, you maintain your Fifth Amendment right against self-incrimination.
This means you can refuse to answer specific questions or provide responsive documents if doing so would implicate you in criminal activity. I can advise you on this right and make valid assertions before the grand jury as your lawyer.
However, you usually must still appear and assert the Fifth in response to particular questions. You can’t simply ignore a Texas state grand jury subpoena.

Other Strategies and Defenses

In addition to motions to quash and Fifth Amendment assertions, other responses I may use against an improper subpoena include:

  • File a motion to disclose grand jury transcripts if improper prosecutorial conduct is suspected;
  • Challenge whether the grand jury had authority to investigate a particular matter;
  • Allege abuse of the grand jury process for political/personal purposes;
  • Claim illegal seizure of records in violation of the 4th Amendment.

I can also put the prosecutor to their burden of proof if they seek enforcement via contempt sanctions. And raise public awareness of overzealous investigations.

What Should You Do if You Get a Grand Jury Subpoena?

I know these subpoenas can be intimidating and confusing. But with an experienced defense lawyer guiding you, the process can be demystified.

  1. Don’t panic. Simply ignoring it will only make things worse.
  2. Call me immediately so we can plan a response. There may be defenses we can assert to limit or quash the subpoena.
  3. If you must comply, I’ll go with you to protect your rights and interests before the grand jury.
  4. I’ll handle interactions with prosecutors, negotiate subpoena scope if possible, and advise on Fifth Amendment assertions.

With over 15 years representing clients facing grand jury subpoenas in Houston, I have proven strategies for handling them. I offer knowledgeable guidance each step so you understand what is happening and make informed decisions.

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RAJESH BARUA

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