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Can a grand jury subpoena be challenged or quashed?
Can a Grand Jury Subpoena be challenged or quashed?
If you’re on our website, it’s because you might be dealing with a grand jury subpoena – and need the best possible criminal defense attorney.
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We are recognized as a top rated state, and federal, criminal defense law firm – with over 50 years of combined experience handling some of the toughest legal issues nationwide.
Grand Jury Subpeonas VS The Reality
A grand jury subpoena is a powerful tool used by federal or state prosecutors to gather evidence and compel testimony. According to the U.S. Department of Justice website, failure to comply with a valid grand jury subpoena can result in serious penalties, including contempt charges and possible jail time.
Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you.
Understanding the Two Types of Subpeonas
- Subpoena Ad Testificandum: Requires you to appear before a grand jury to testify under oath.
- Subpoena Duces Tecum: Commands you to produce documents, records, or other tangible evidence.
Both types can be extremely intrusive and stressful. But here’s the bottom line: if you receive either form of subpoena, you should consult a qualified criminal defense attorney immediately.
Can it be quashed or challenged?
Yes. Under Federal Rule of Criminal Procedure 17, there are circumstances in which you can file a motion to quash or modify a grand jury subpoena. Courts typically require specific legal grounds to grant such a motion, such as:
- Overbreadth or Vagueness: The subpoena demands too much information or is not specific enough.
- Privilege: The testimony or documents sought are protected under attorney-client privilege, Fifth Amendment rights, or other legal doctrines.
- Lack of Relevance: If the evidence being requested is not relevant to any legitimate investigation.
What are the penalties for non-compliance?
Failure to comply can lead to contempt of court charges. If a judge finds you in contempt, you could be fined, jailed, or both. In cases where prosecutors suspect obstruction of justice, more serious charges can be brought.
Penalties can include:
- Fines: Ranging from moderate to extremely steep, depending on the seriousness of non-compliance.
- Jail or Prison: Courts can order you confined until you comply, or impose a separate sentence if you are found guilty of criminal contempt.
- Additional Criminal Charges: Potential obstruction of justice, which can carry significant prison time in federal cases.
Our Strategies for Defending You
If you’re accused of ignoring or defying a grand jury subpoena, we can help you.
At Spodek Law Group, we have an extremely curated, and professional, clientele that wants the best possible criminal defense attorney – and we are available 24/7 to provide a risk free consultation. Our attorneys have over 50 years of combined experience and are unafraid of going to trial.
We take a multi-pronged approach to challenging a grand jury subpoena:
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Filing a Motion to Quash
- We scrutinize the scope of the subpoena to see if it’s too broad or lacking proper legal foundation.
- We argue any privileges that apply, like attorney-client privilege or spousal privilege, to protect your confidential information.
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Negotiating with Prosecutors
- Our team often engages with the government’s counsel to narrow the scope of the subpoena or negotiate partial compliance that avoids unnecessary disclosures.
- We use our insight into federal and state legal procedures to protect you at every step.
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Asserting Fifth Amendment Rights
- If there is a realistic fear that testifying could incriminate you, we raise the Fifth Amendment privilege.
- We do so carefully and in a way that avoids potential contempt issues.
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Seeking Immunity
- In certain cases, we may push for immunity from prosecution in exchange for your testimony or cooperation.
- This is a delicate route, but it can protect you from future charges if handled correctly.
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Preparing for the Worst
- If prosecutors appear unyielding, our defense attorneys develop a robust trial strategy – because we are recognized as a top rated state, and federal, criminal defense law firm.
- We investigate every angle, gather exculpatory evidence, and leverage our nationwide experience dealing with some of the toughest legal issues.
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Our roster of attorneys stands ready to handle any phase of a grand jury investigation. Regardless of where your case is, or the stage of your case, we can help you.
WE ARE UNAFRAID OF GOING TO TRIAL
If negotiations fail and you face contempt charges or even accusations of obstruction of justice, we will fiercely defend you at every court proceeding. Our track record spans coast to coast, showing we are prepared to fight federal and state prosecutors anywhere in the USA.
What should you do if you receive a grand jury subpeona?
Stay Calm.
But act quickly.
Contact a lawyer immediately: Trying to respond on your own can be a major mistake. The stakes are high, and the prosecution can use every statement you make against you.
Collect Your Documents: We encourage you to gather any relevant materials mentioned in the subpoena. Bring them to your consultation with us so we can assess the scope and validity of the request.
Do not destory evidence: Destroying, altering, or concealing documents can expose you to additional charges like obstruction of justice.
Ask about immunity: Depending on the circumstances, we may be able to seek immunity that protects you against self-incrimination.
New York Criminal Attorneys you can trust with your life
We have offices throughout Long Island and NYC. We understand how overwhelming a grand jury subpoena can be. Trust us on this one: we have seen the intimidation tactics that prosecutors often use.
We are recognized as a top rated state, and federal, criminal defense law firm, and we take pride in our ability to handle tough cases nationwide.
Speak to an Attorney
If you’re reading this, it’s likely you need immediate help – our attorneys are available 24/7. Call us or fill out our risk-free consultation form.
Underlined emphasis on the fact: We have over 50 years of combined experience handling serious state and federal matters, which means we can help you get the best possible outcome.
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CONTACT US TODAY
We are available 24/7 – and can help you navigate your grand jury subpoena issues. Reach out now for a risk free consultation. We can help you.