Federal Criminal Investigations Lawyers

Have you ever wondered what it means to be subpoenaed by a federal grand jury? It’s not something most people think about – until it happens to them. Getting that official letter in the mail can be jarring, to say the least. But, take a deep breath. We’re here to walk you through exactly what a federal grand jury subpoena means, and what your next steps should be.

What is a Federal Grand Jury?

Let’s start with the basics. A federal grand jury is a group of 16-23 citizens who hear evidence presented by federal prosecutors. Their job? To determine if there is probable cause to believe a federal crime was committed, and if so, to issue an indictment.Grand juries have broad powers to subpoena documents and witnesses to testify under oath. So if you’ve been summoned, it means the grand jury wants to hear from you as part of their investigation into potential federal criminal activity.

Two Types of Federal Grand Jury Subpoenas

There are two main types of federal grand jury subpoenas you could receive:

1. A subpoena that requires you to testify: This is called a “subpoena ad testificandum.” It compels you to show up and answer questions under oath before the grand jury.
2. A subpoena that requires you to bring documents or other evidence: Known as a “subpoena duces tecum,” this demands you produce specified records, data, or physical evidence for the grand jury’s review.

You may receive one or both types of subpoenas. And here’s the kicker – that subpoena doesn’t necessarily mean you’re the target of the investigation. You could simply be a witness with information relevant to the case.

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Legal Scenario: What Would You Do?

Scenario

You received a subpoena from a federal grand jury demanding you produce financial records and appear to testify about transactions your former business partner conducted through your shared company account. You have no idea whether you are a witness, a subject, or a target of the investigation.

Should I comply with the subpoena immediately, or do I have options to protect myself before turning over documents and testifying?

Attorney's Answer

You should never respond to a federal grand jury subpoena without first consulting a criminal defense attorney who can contact the Assistant U.S. Attorney handling the case to determine your status — witness, subject, or target — under the DOJ's United States Attorneys' Manual § 9-11.151. Your attorney can file a motion to quash or modify the subpoena under Federal Rule of Criminal Procedure 17(c) if it is unreasonably broad or seeks privileged material. You also have Fifth Amendment protections against self-incrimination during testimony, and your lawyer can advise you on when to assert that right before the grand jury. Acting without counsel risks inadvertently waiving critical protections or exposing yourself to charges like obstruction under 18 U.S.C. § 1503 if you mishandle documents.

This is general information only. Contact us for advice specific to your situation.

So, You’ve Been Subpoenaed – What Now?

Getting subpoenaed by a federal grand jury can be unnerving, no doubt. But staying calm and taking the right steps is crucial. Here’s what you need to do:1. Hire an experienced federal criminal defense attorney ASAP. Do not, I repeat, do NOT go into that grand jury room alone. An attorney is permitted to be present to represent you, so take advantage of that right. They can protect your interests, advise you on how to answer questions, and ensure you don’t accidentally incriminate yourself.Why is this so important? Well, anything you say to that grand jury can potentially be used against you down the line. As former federal prosecutor Renato Mariotti explains, “The prosecutor running the grand jury is looking for evidence of a crime. If you say something that implicates you, they can and will use it.” 12. Understand your rights and options. Your attorney will walk you through all the possibilities, which may include:

• Asserting your 5th Amendment right against self-incrimination
• Negotiating for limited immunity in exchange for your testimony
• Challenging the subpoena’s validity on legal grounds
• Complying with the subpoena, but being strategic about what you say