What is a grand jury subpoena?
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What is a Grand Jury Subpoena?
So, what do you do if you get hit with one of these things? But, take a deep breath. A grand jury subpoena is an official court order requiring you to provide information for a federal criminal investigation. There are two main types:
- A subpoena that requires you to testify before the grand jury (also known as a subpoena ad testificandum)
- 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.
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. However, 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.1
What Should I Do if I Receive a Federal Grand Jury Subpoena?
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.10 Look 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.2 Your 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. 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. Remember, federal grand jury proceedings are secret by law. Discussing the subpoena could be considered obstruction of justice, even if that’s not your intent. Play it safe and keep your mouth shut. Let your attorney do the talking for you.
Step 1: Gather Any Requested Documents
If the subpoena requires you to provide documents or other records (a subpoena duces tecum), start locating and organizing those materials immediately with your attorney‘s guidance. Do not alter, destroy, or withhold any requested documents, as that could lead to criminal charges for obstruction of justice or contempt of court.34 Your lawyer will review the requested materials to assert any applicable privileges and ensure you do not inadvertently produce privileged information. Common privileges include attorney-client privilege, doctor-patient privilege, and spousal privilege.4
Step 2: Prepare for Your Grand Jury Testimony
If you are called to testify before the grand jury, your lawyer will spend extensive time preparing you. This involves anticipating questions you may face, practicing your testimony, and ensuring you understand which topics are off-limits due to privileges. On the day of your testimony, your lawyer can be present in an adjacent room, but is not permitted in the grand jury room itself. You will be able to consult with your attorney during breaks.
Step 3: Assert Your Rights If Needed
If you are concerned that testifying or producing documents could incriminate you, you may be able to assert your Fifth Amendment right against self-incrimination. However, this decision requires careful consideration with your attorney, as improperly invoking the Fifth can have negative consequences. Corporations and other entities do not have a Fifth Amendment privilege against self-incrimination. However, the individuals representing those entities may be able to assert personal Fifth Amendment rights.
What If I Want to Cooperate?
In some cases, it may be strategically advantageous to cooperate with the government‘s investigation, especially if you are not the main target. Your attorney can negotiate with the prosecutors for potential leniency or even immunity from prosecution in exchange for your truthful cooperation. However, any cooperation should only occur under the close supervision of your lawyer. Attempting to cooperate on your own without legal guidance could inadvertently undermine your rights and legal position. There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. We‘re focused on providing the highest level of customer service, and case results for our clients.
Our New York criminal defense lawyers are focused on servicing a very curated clientele, that expects high class service and exceptional understanding of the law. We have experience handling the toughest legal situations – that require experience, and excellence, in order to get the best possible legal outcomes for our clients. We have over 50 years of combined experience amongst our team, and have seen virtually every type of case. Over 99% of cases we handle end in a positive outcome for our clients. Your future is important – and protecting it, begins with hiring Spodek Law Group. It’s simple. Every single client deserves honesty and white glove service. Every single client should know what he, or she, potentially faces and what the outcome of their criminal defense case could be – before hiring a criminal defense attorney. Our lawyers have experience handling criminal defense cases nationwide, ranging from Los Angeles to NYC.
Our philosophy is fair and simple – every single law firm should adhere to it – but most don‘t. Most criminal defense attorneys will take on any client possible who can pay — regardless of whether they can help the client or not. Not us. We only take on clients who we can truly help. We are selective about the number of clients we work with, and only work with clients who we can truly help. This is different from other law firms, who take on every single client – irrespective of the outcome.