When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Receiving a federal grand jury subpoena can be an intimidating and stressful experience. As a New Yorker, you may be wondering what it means and what your options are. This article provides practical guidance on understanding federal grand jury subpoenas and working with an attorney to respond appropriately.
A federal grand jury is a group of 16 to 23 citizens who listen to evidence presented by a federal prosecutor and decide whether there is probable cause to believe a crime has been committed and to charge the target of the investigation [1]. The grand jury operates in secrecy and proceedings are not open to the public.
If the grand jury believes there is enough evidence, they will return an indictment charging the target with a federal crime. An indictment is a formal accusation initiating a criminal case. Cases can proceed to trial based on an indictment alone without any finding of guilt.
A federal grand jury subpoena commands you to provide testimony, documents, or both [2]. It will specify:
You are legally required to comply with the subpoena or face penalties like fines or even jail time. So don’t ignore it!
Contact an experienced federal criminal defense attorney as soon as you receive a grand jury subpoena. An attorney can help you:
Having skilled legal counsel advising you can make navigating grand jury proceedings much less intimidating. It’s your best protection against becoming the target of an indictment.
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Google rating score: 4.9 of 5, based on 736 reviewsIn some cases, it may be possible to get a federal judge to quash or limit the subpoena [4]. Grounds to quash include:
While motions to quash are rarely granted, your attorney can determine if valid arguments exist in your case. They will handle filing the motions and arguing before the judge.
If efforts to quash fail, you must comply with the subpoena. This means showing up at the designated time and place to provide testimony. It also means gathering and delivering any documents requested.
Your attorney can help ensure you don’t accidentally waive any of your Constitutional rights when testifying. They can also assist with properly formatting and delivering document production.
Note that if you receive a subpoena in connection with your work (like business or medical records), talk to your attorney about relevant privileges. Courts recognize certain professional privileges that protect sensitive information.
The Fifth Amendment of the U.S. Constitution protects your right not to be compelled to testify against yourself. This means refusing to answer grand jury questions that may implicate you in criminal activity you can’t be compelled to discuss [5].
Your attorney can help you understand when to assert your Fifth Amendment privilege. They will also ensure your rights are protected if you do so. Keep in mind assertions of privilege can’t be used against you as admission of guilt.
Here are some key things to keep in mind when dealing with a federal grand jury subpoena:
With proper legal guidance, you can respond appropriately to avoid becoming the target of an indictment.
If you’ve received a federal grand jury subpoena in New York, don’t go it alone. The experienced federal criminal defense attorneys at My Firm provide skilled guidance tailored to your unique situation. Contact us today for a free case review.
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