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What to Do If a Grand Jury Subpoena Demands Your Notes or Emails

WHAT TO DO IF A GRAND JURY SUBPOENA DEMANDS YOUR NOTES OR EMAILS

Don’t confuse yourself. A grand jury subpoena that was issued by a federal prosecutor is a big deal, and you can get into serious trouble if you ignore the grand jury subpoena. This isn’t the time to hope things disappear, because that hope can lead you straight into charges for obstruction or contempt. You might feel tempted to stall, or hide documents, but that choice can make your problems worse.

We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek. Our attorneys have over 50 years of combined experience dealing with tough legal issues. That means we know how to protect you if you are facing a subpoena that was sent by a grand jury. We’ve handled complicated situations in federal courts across the country, and we can help you figure out the best path forward.

WHY A GRAND JURY SUBPOENA MATTERS

A subpoena that was served by a grand jury isn’t just a polite request. This is a legal command. The Department of Justice, which you can find at https://www.justice.gov/, has the power to compel you to turn over records like emails, texts, or notes. Failing to provide these records can lead to contempt charges. Contempt charges that are filed by the court can result in fines or jail time.

Sometimes, the government wants to see your private messages. That might feel like an invasion of privacy, but grand juries have wide powers under the Federal Rules of Criminal Procedure. Emails that were sent from your personal account may still be fair game if they relate to the investigation. If you simply delete them, you could face accusations of obstruction of justice. Obstruction that is discovered by prosecutors can carry significant penalties and might lead to felony charges.

WHAT’S AT STAKE

People who get a subpoena often think about ignoring it or lying under oath. Let me be direct: That’s a terrible idea. If you lie, or if you hide documents, you could add perjury charges on top of everything else. Perjury that is prosecuted in federal court can lead to years in prison. In other words, you could turn a small problem into a major disaster. You might be scared, but you can’t let fear decide your next move.

There are also big financial consequences. Fines that are imposed by a federal judge can reach thousands or even millions of dollars. If you lose your case, you might also deal with probation, ongoing supervision, or other serious penalties. This can ruin your reputation and your livelihood. That means you risk losing your job, your home, and your professional license if you have one.

HOW WE’D DEFEND YOU

Here’s our take: You need a strategy. You might qualify for certain protections that were designed to shield certain types of communications. For instance, there can be attorney-client privilege or other legal privileges that apply. Evidence that was illegally obtained by investigators may be thrown out in court, which means it can’t be used to convict you. That’s why our defense lawyers examine every detail of how your data was taken. If there are errors, we’ll fight to get rid of them. Dismissed or reduced charges can mean you walk away without a criminal record.

We also look at the context behind the subpoena. If your emails are just routine office chatter, we might argue that they offer no meaningful value to the case. We can file motions that call on the prosecutor to explain why they need the information. If they fail, their case can weaken. That might open the door for a favorable plea or even a dismissal. A dismissal that is granted by the judge can help you avoid jail and clear your record.

There is a way out, but it takes early action and real honesty. Many people wait until the last minute and scramble. That’s a huge mistake. Waiting can cause you to lose valuable time to prepare your defense. When you hire Spodek Law Group, we gather critical evidence, consult forensic experts, and challenge any government overreach. We also push you to face reality. If you’re messing around or making excuses, we’ll call you out and make sure you stay focused.

MULTIPLE POINTS OF VIEW: COMPLY OR CHALLENGE?

Some individuals choose to comply fully with a grand jury subpoena because they believe transparency will keep them safe. Complying without legal advice can backfire if you accidentally hand over more than necessary. Meanwhile, others decide to challenge the subpoena in court, which can protect private data if the subpoena is overly broad or improper. That choice can delay the process, but it might give you a chance to negotiate a better outcome.

We’re not going to tell you to bury your head. We look at all your options and help you find the best route—whether that’s handing over minimal records, pushing back on the the subpoena, or seeking immunity. Immunity that is offered by prosecutors can sometimes protect you from prosecution in exchange for your testimony, but it’s no guarantee you’ll walk away with no penalties, etc. We’ll weigh all the consequences so you can make the smartest move.

QUICK FAQ REFERENCE TABLE

Question Answer
What if I ignore the subpoena? You could face contempt charges that can lead to fines or jail.
Can I delete my emails or notes? Deleting them might trigger obstruction allegations that carry severe penalties.
Is there any way to challenge it? You can challenge a subpoena that is overly broad or based on unlawful grounds, but you should consult a criminal defense attorney first.
What if I lie under oath? You could face perjury charges that are punishable by prison time.
Can I get immunity? Sometimes prosecutors will offer immunity, but it depends on the case. You’ll need legal advice to weigh your options.

f you blow this off, you could destroy your future. Complacency that is driven by fear can cripple your defense strategy. This situation requires action, so deal with it now, not later. You need counsel from attorneys who know federal court, who can get aggressive with the prosecution, and who care about your outcome even when you’re scared out of your mind.

We are Spodek Law Group, a top rated, nationwide defense law firm. Our lawyers have handled high-profile cases, like the representation of Anna Delvey. We understand how to tackle these investigations. We’re available 24/7 to offer a risk free consultation. If there’s a strategy that can help you, we’ll find it. If we think you’re not fighting hard enough, we’ll say so. We care about results, not excuses.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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