Criminal Defense Lawyers

Michigan Federal Grand Jury Subpoena Defense

What is a Federal Grand Jury Subpoena?

A federal grand jury subpoena is basically a formal request for you to provide information, either in the form of documents or testimony, to help the grand jury decide if a federal crime has been committed. The grand jury is a group of citizens, usually between 16-23 people, who hear evidence presented by federal prosecutors. Their job is to determine if there’s probable cause to believe someone committed a federal offense. If so, they issue an indictment, which is a formal accusation that the person committed a crime. An indictment is required for federal felony charges. There are two main types of federal grand jury subpoenas:

1. Subpoena ad testificandum – requires you to testify before the grand jury
2. Subpoena duces tecum – requires you to provide documents or evidence

A single subpoena may require both testimony and evidence. The subpoena will clearly state what is required and when and where you must appear.

Why Did I Receive a Federal Grand Jury Subpoena?

Receiving a subpoena does not necessarily mean you’re suspected of a crime. You may have information or evidence that’s relevant to the grand jury’s investigation, even if you’re not the target. However, it’s also possible that you are a subject or target of the investigation. The U.S. Attorney’s Manual defines a “subject” as a person whose conduct is within the scope of the grand jury’s investigation. A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.If you’re not sure whether you’re a target, subject, or simply a witness, you can ask the prosecutor. They may tell you, although they’re not required to. Regardless of your status, it’s critical to take the subpoena seriously and consult with an experienced federal criminal defense attorney right away. Even if you believe you’ve done nothing wrong, you need to protect your rights and interests.

What Happens if I Ignore a Federal Grand Jury Subpoena?

Ignoring a federal grand jury subpoena is a really bad idea. Failure to comply with a valid subpoena can lead to contempt of court charges, fines, and even jail time in some cases. If you have a very compelling reason why you cannot comply with the subpoena, you may be able to challenge it in court or negotiate with the prosecutor. But you can’t simply ignore it. That will only make your situation much worse.

What Should I Do if I Receive a Federal Grand Jury Subpoena?

If a federal agent serves you with a grand jury subpoena, here are the key steps you should take:

1. Contact a federal criminal defense lawyer immediately. Do not try to handle this on your own. An experienced attorney can assess your situation, advise you of your rights and obligations, and communicate with the prosecutor on your behalf.  Many people make the mistake of thinking they can just “explain everything” to the grand jury and clear things up. Don’t fall into this trap. Anything you say can be used against you. Consult with counsel first.
2. Preserve any requested documents. If the subpoena requires you to produce documents (a subpoena duces tecum), you have a legal obligation to preserve those materials. Don’t delete, destroy or alter anything that might be responsive to the subpoena. Doing so could be considered obstruction of justice. Your lawyer can help you determine what documents are responsive.
3. Appear on the scheduled date unless your lawyer arranges otherwise. The subpoena will specify when and where you must appear. You (or your attorney) may be able to negotiate a different date if the one listed is not feasible. But don’t just not show up. That can be considered contempt of court.
4. Assert your Fifth Amendment right against self-incrimination if needed. The Fifth Amendment to the U.S. Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” If answering a question would tend to incriminate you, you have the right to assert the Fifth Amendment and refuse to answer. Your lawyer can advise you if this is necessary in your case. If you are granted immunity, however, you can be compelled to testify.
5. Never lie or provide false information. You are required to tell the truth to the grand jury. Lying is perjury, which is a serious federal crime in itself. If you are unsure how to answer a question or are concerned about self-incrimination, tell the grand jury you need to consult with your attorney before answering. They will give you an opportunity to step out and confer with counsel.
6. Do not discuss your testimony with others. Grand jury proceedings are secret, meaning the general public is not allowed to know what occurred. Revealing anything about your testimony could be considered contempt of court. The only people you should discuss your testimony with are your lawyer and potentially your spouse (marital communications privilege may apply).

Potential Challenges to a Federal Grand Jury Subpoena

In some cases, it may be possible to challenge the subpoena itself and potentially have it quashed (cancelled) by a judge. Some potential grounds for challenging a subpoena include:

• The subpoena was improperly issued or served
• The information sought is privileged (e.g. attorney-client privilege, doctor-patient privilege, etc.)
• The subpoena is overbroad or unduly burdensome
• Compliance would violate your constitutional rights (e.g. First Amendment, Fourth Amendment, Fifth Amendment)

Challenging a subpoena is very fact-specific and depends on the unique circumstances of your case. An experienced federal criminal defense attorney can assess whether you may have grounds to quash the subpoena and can file the appropriate motion with the court.

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!

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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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Google rating score: 4.9 of 5, based on 736 reviews

What are the Potential Outcomes After Receiving a Subpoena?

After receiving a subpoena and either testifying or providing documents, there are a few potential outcomes:

1. No further action. You may never hear anything else about the case. Grand jury proceedings are secret, so even if you testify, you may not be told whether indictments were issued or if the case was dropped. No news is generally good news in this context.
2. Called as a trial witness. If indictments are issued and the case goes to trial, the prosecutor may call you as a witness to testify. If this occurs, your lawyer can help prepare you and protect your rights in court.
3. You are indicted. If the grand jury finds probable cause that you committed a crime, you could be indicted. If this happens, you will be arrested and the case will proceed to trial unless you plead guilty or the charges are dismissed. This is why it’s so critical to have an experienced federal defense lawyer in your corner from the very beginning. They can work to prevent an indictment in the first place or start building your defense immediately if charges are filed.

The Importance of Experienced Legal Representation

Receiving a federal grand jury subpoena can be an intimidating and stressful experience, whether you believe you’ve done anything wrong or not. The U.S. criminal justice system is incredibly complex, and federal investigations are serious matters. Trying to handle it on your own is simply too risky.An experienced federal criminal defense attorney can be your guide and advocate through this process. They can:

• Communicate with the prosecutor on your behalf to gather information about the investigation and your status
• Review the subpoena to determine what information or documents are being sought
• Advise you on your rights and obligations under the subpoena
• Assess whether you have any grounds to challenge the subpoena
• Help you gather and produce any required documents
• Prepare you to testify before the grand jury if necessary
• Protect your rights and advocate for your interests at every stage

When your reputation, freedom, and future are on the line, you need a skilled professional in your corner. If you’ve been served with a federal grand jury subpoena in Michigan, contact a respected federal criminal defense attorney right away. The sooner you have legal representation, the better protected you will be.