Criminal Defense Lawyers

“How to Handle a Federal Grand Jury Subpoena Without Making a Mistake”

How to Handle a Federal Grand Jury Subpoena Without Making a Mistake

What is a Federal Grand Jury Subpoena and Why Does It Matter?
A federal grand jury subpoena is a legal summons that compels you to either (1) testify before a grand jury or (2) produce documents and evidence. The government uses grand juries to investigate potential criminal conduct (see justice.gov for official information). If you fail to respond properly, you risk criminal contempt charges under Title 18 U.S. Code—which could lead to jail time or hefty fines.

Potential Penalties and Crimes Involved
The grand jury process often revolves around possible violations of federal laws (for instance, white collar crimes under Title 18 U.S. Code, drug trafficking, conspiracy, or other major felonies). In many situations:

• Perjury carries penalties up to five years in prison and significant fines if you lie under oath.
• Contempt of court may result in incarceration or daily fines until you comply with the subpoena.
• Obstruction of justice—if you destroy or hide evidence—can bring even more serious federal prison sentences.

NYC Criminal Lawyers 
We’re a premier, and award winning, criminal defense law firm that has handled major matters across the country. We have experience dealing with everything from misdemeanor charges to federal allegations, including high-stakes grand jury proceedings. We have handled federal grand jury subpoenas nationwide, from Los Angeles to New York City, giving us a coast-to-coast perspective. Regardless of whether you’re asked to produce corporate records or provide testimony, taking the right steps is crucial.

Our Strategies to Defend You
We’re going to focus on building a strong defense from day one. Here’s how we do it:

1. Initial Review of the Subpoena

   • We examine every word for scope, deadlines, and specific demands. Often, subpoenas are broader than they need to be. We aim to narrow it down if possible.
   • We check if the subpoena was served properly, which might give us a foundation for contesting or negotiating compliance.

2. Risk Assessment

   • Are you a target, subject, or witness? Understanding your status helps us develop a blueprint for your response.
   • We look at potential charges you might face, reviewing statutes cited by the government, and consult with you on vulnerabilities.

3. Attorney-Client Privilege and Document Review

   • Before handing anything over, we examine all documents for privileged material.
   • If necessary, we file motions for protective orders to safeguard your privacy or proprietary information.
   • We maintain a fully online digital portal so you can securely share materials with us, from anywhere.

4. Negotiations with Prosecutors

   • We can often negotiate the scope of the subpoena, request extensions, or get clarity on ambiguous instructions.
   • If you’re simply a witness, we try to limit your exposure to potential allegations.

5. Preparing You for Grand Jury Testimony

   • The biggest fear is being caught off-guard during questioning. We rehearse potential lines of questioning and ensure you understand your Fifth Amendment privilege if testifying could incriminate you.

6. Going on the Offensive

   • If prosecutors are overreaching, we file motions to quash or limit the subpoena. We’re unafraid of going to court to stand up for your rights.

Thing to Remember:

• Respond Promptly: There’s usually a compliance date, and missing it can provoke contempt.
• Check for Legal Protections: Some documents may be privileged under attorney-client privilege or other confidentiality rules.
• Stay Silent if Unsure: Don’t speak with investigators or hand over documents without consulting a criminal defense attorney.
• No Spoliation: Never destroy or alter potential evidence. That alone could spark obstruction charges.

We fight. We protect. We win.
Regardless of the complexity, we’re equipped to handle your case. We’ve managed high-profile matters—from alleged white collar crimes to serious felonies—and we know how to navigate the unique demands of grand jury subpoenas.

CALL US FOR A RISK FREE CONSULTATION
If you’ve been served, contact us immediately. We’ll listen to your story, strategize your next steps, and do everything legally possible to shield you from unnecessary exposure. We can help you.
We believe in being accessible 24/7. We pride ourselves on delivering the best possible customer service, focusing on only those clients we can genuinely help. At Spodek Law Group, we have experience with the toughest legal issues. Our team of NYC Criminal Lawyers stands ready to guide you through every step of the grand jury process.

Disclaimer: No recipient of content from this page, client or otherwise, should act or refrain from acting on the basis of any content included without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Every case is different. Reading the information here does not create an attorney-client relationship with Spodek Law Group or any of its attorneys. We may work with local counsel in jurisdictions outside New York. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this article.

If a federal grand jury subpoena has landed in your lap, please reach out for a consultation. We’re here to help.