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What does it mean to be subpoenaed by a federal grand jury?
WHAT DOES IT MEAN TO BE SUBPOENAED BY A FEDERAL GRAND JURY
FACING A FEDERAL SUBPOENA?
It might feel scary. You don’t know why you got it.
It might feel confusing. You don’t know what happens next.
But if you’ve received a grand jury subpoena, you need serious help right now.
AS SEEN ON major news outlets, Spodek Law Group based out of NYC is known for taking on the toughest state and federal cases. We are experienced, dedicated, and have over 50 years of combined experience. Spodek Law Group understand how scary a federal grand jury investigation can be. We can help you through this process, we encourage you to contact us today for a risk free consultation.
UNDERSTANDING THE GRAND JURY’S ROLE
The federal grand jury is an investigatory body and that is it’s only purpose. The federal grand jury is responsible for deciding whether sufficient evidence is present to bring formal criminal charges (an “indictment”). According to the Federal Rules of Criminal Procedure Rule 17, the federal grand jury has many types of forma authority, such as the ability to issue subpoenas to gather testimony or documents. The process is extremely broad in scope, and it means federal prosecutors can pursue bank records, emails, phone logs, and practically any document that might be relevant.
The DOJ provides guidance on the power of grand juries at https://www.justice.gov/usao. Based on this authority, federal grand juries can do a lot of things, like investigate cases involving white collar fraud, drug offenses, money laundering, conspiracy, or other federal crimes.
SUBPOENA AD TESTIFICANDUM
This type of federal subpoena is used to compel an individual to appear and testify before the grand jury. If you receive this type of subpoena, you’ll be required to go before federal jurors and a U.S. Attorney, and you will be answering questions under oath. You won’t typically have your attorney in the room with you while you testify—unlike a normal criminal trial. Having said that, you can exit the room and consult with the attorney outside.
SUBPOENA DUCES TECUM
This type of subpoena compels you to bring records, documents, or any other physical evidence. For example, if federal prosecutors suspect you of financial fraud, they could request detailed banking information from multiple years. They can also demand electronic data stored on phones, computers, or cloud servers. Failure to produce such materials can lead to serious legal consequences.
FEDERAL GRAND JURY SUBPOENA PENALTIES AND CRIMINAL PUNISHMENT
If you ignore or defy a federal grand jury subpoena, or if you provide false testimony, you take the risk of being held in contempt. Under Title 18 U.S.C. § 401, contempt of court can mean fines or even jail time. In bigger situations—like destroying documents or lying under oath—prosecutors can pursue obstruction of justice charges. Obstruction (18 U.S.C. § 1512) carries penalties that can include years in federal prison.
Juror in Ghislaine Maxwell mistrial scandal retains Anna Sorokin’s lawyer.
We reference this case because it showcases how high-profile federal grand jury matters can be. One small misstep—even by a juror—can escalate into a deeper investigation. If you’re subpoenaed in any federal grand jury matter, you should not take it lightly. This is an important part of the judiciary process, and one you have to take seriously.
WHY FEDERAL GRAND JURIES HAVE BROAD POWER
Grand juries do not need “probable cause” to issue subpoenas. They operate with great latitude. The U.S. Supreme Court in United States v. R. Enters., Inc., 498 U.S. 292 (1991) emphasized that a grand jury subpoena is presumed valid unless “there is no reasonable possibility” that the materials sought will produce relevant information.
That is a low threshold, meaning it’s easy for the U.S. Attorney’s Office to justify their request for a subpoena or hold a grand jury. Regardless of the situation you find yourself in, you have to comply—or use valid legal defenses or privileges if applicable.
DEFENDING YOU AGAINST FEDERAL GRAND JURY SUBPOENAS
At Spodek Law Group, we have a simple philosophy: We do what it takes to get you the best possible outcome. We are top-rated federal criminal defense lawyers, recognized for handling cases nationwide. When you’re subpoenaed, here’s what our defense strategy could look like:
- Immediate Document Preservation
We always tell clients to avoid destroying or altering anything. Destruction of evidence can lead to enhanced penalties or additional charges. This can harm your case, and make it so you create other issues. - Assessing Privileges and Protections
Sometimes, the Fifth Amendment right against self-incrimination can be invoked if producing documents or testifying would directly incriminate you. In addition, if you’re a professional—like a lawyer—there may be attorney-client privilege constraints. Federal prosecutors often challenge privilege assertions, so we meticulously argue why certain materials are off-limits. - Motion to Quash or Modify
In certain situations, we can request that the court quash (invalidate) the subpoena or narrow its scope. If the subpoena is overbroad, irrelevant, or unduly burdensome, we’ll vigorously challenge it. Our 50 years of combined experience means we’ve seen subpoenas used as fishing expeditions; we know how to push back. - Negotiation with Prosecutors
Sometimes, cooperating in a limited way can lead to a more favorable resolution—like immunity or significantly reduced charges. Our NYC Criminal Lawyers understand how to communicate with Assistant U.S. Attorneys to explore potential deals. We can help you weigh the pros and cons of cooperating vs. invoking your constitutional rights. - Preparing You to Testify
If you must appear before a grand jury, we’ll simulate questioning sessions, review evidence, and ensure you know what to expect. The crucial thing is to remain consistent and truthful. Misstatements can become perjury charges. Our attorneys guide you through each stage.
EXPERIENCED. DEDICATED. 24/7 AVAILABILITY.
Being subpoenaed by a federal grand jury is a high-stakes scenario. Our team of criminal defense attorneys has handled complex, newsworthy cases—like the representation of Anna Delvey (also known as Anna Sorokin)—which garnered massive media attention. Our experience can be your advantage.
COMMON CRIMES INVESTIGATED BY FEDERAL GRAND JURIES
- Bank fraud and mail fraud
- Securities fraud
- Healthcare fraud
- Drug trafficking and distribution
- Money laundering
- Organized crime and RICO-related offenses
We know the prosecutors. We know their tactics. We are here to protect you. We can tell you what missteps to avoid.
POTENTIAL CONSEQUENCES OF NON-COMPLIANCE
- Contempt of Court: Civil or criminal contempt can carry fines or jail time.
- Obstruction of Justice: Allegations that you destroyed evidence or provided false information can trigger additional charges.
- Collateral Damages: Subpoenas can expose personal or business records, leading to damaged reputations and strained finances.
WHAT SHOULD YOU DO IF YOU GET A FEDERAL GRAND JURY SUBPOENA
- Stay Calm
Do not speak to federal agents or prosecutors on your own. Anything you say can become evidence. - Contact Legal Counsel Immediately
At Spodek Law Group, we’re available 24/7 to provide guidance. We can help you understand the scope of the subpoena and how to respond. - Preserve All Documents
Do not delete emails or shred files. This can make your situation FAR worse.. Doing so can turn a manageable situation into a criminal obstruction case. - Discuss Potential Defenses
Let us know if any privileges apply to you, such as spousal privilege, attorney-client privilege, or your right against self-incrimination. We can walk you through it. - Plan Your Strategy
We will help you decide whether to negotiate, move to quash the subpoena, or produce documents/testify under strict guidance.
AS SEEN ON TV. TOP RATED CRIMINAL LAWYERS.
Regardless of where your case is in the USA—regardless of the stage of the investigation—our criminal defense lawyers have the expertise to defend you. Our approach is personalized and transparent: we focus on winning and on treating each client like family. We can help you, whether you’re merely a witness or the target of a federal probe.
BE PROACTIVE AND PROTECT YOURSELF
The official FBI website at https://www.fbi.gov/ discusses the broad powers of federal investigations and the federal grand jury. If you’re under scrutiny, you can’t afford to wait or hire an incompetent criminal attorney. The sooner you have an attorney, the stronger your defense can be.
CONTACT US FOR A RISK-FREE CONSULTATION
We are here to help you and offer a risk free consultation. We encourage you to take advantage of this, so you can get legal help. We have top-rated criminal defense lawyers who understand the nuances of grand jury subpoenas. Our goal is simple: get you the best possible outcome. Speak to us about your options, and let us do what we do best—protecting your future.
NO ATTORNEY-CLIENT RELATIONSHIP WITHOUT SIGNED AGREEMENT
Remember: Merely reading this article does not create an attorney-client relationship with Spodek Law Group. You should consult a licensed attorney about your unique situation. Every case is different.