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6 Ways to Protect Yourself After Receiving a Federal Grand Jury Subpoena

By Spodek Law Group | February 25, 2023

Protect Yourself After Receiving a Federal Grand Jury Subpoena with Spodek Law Group and Attorney Todd Spodek

The Risks of Inaction Are Substantial

When you receive a federal grand jury subpoena, it is crucial to take immediate action to protect yourself. Whether you are a target of the government’s investigation, a witness, or unsure of your status, inaction can lead to substantial risks, including federal prosecution. However, there are numerous strategies available to protect yourself throughout the grand jury process.

Engage With The U.S. Attorney’s Office Promptly

After receiving a federal grand jury subpoena, it is important to contact the U.S. Attorney’s Office promptly to gather as much information about the investigation as possible. It is important to understand whether you are a target or subject of the investigation or being treated as a witness. You should also seek to know the nature of the investigation and the specific allegations underlying the subpoena. While communicating with the U.S. Attorney’s Office, it is important to have a thorough understanding of federal criminal law and procedure, which is where Spodek Law Group and Attorney Todd Spodek can assist.

Challenging The Subpoena

If communication with the U.S. Attorney’s Office does not result in satisfactory reduction of the scope of the subpoena, then it may be necessary to file a motion to quash in federal district court. Filing a motion to quash may be based on the scope and language of the subpoena, and the particular circumstances involved. Potential grounds for filing a motion to quash a federal grand jury subpoena include procedural deficiencies, requests for irrelevant information, requests for information already in the government’s possession, and more.

Thoroughly Preparing Your Testimony or Document Production

Regardless of your role in the government’s case, you need to ensure that you submit a legally-compliant response. Preparing a response is a significant task and must be commenced early, regardless of the outcome of any negotiations or formal court challenges.

Asserting the Attorney-Client Privilege

Preserving the attorney-client privilege is important when responding to a federal grand jury subpoena. It not only allows subpoena recipients to withhold potentially-incriminating information but also protects the activities and communications undertaken in response to the subpoena.

Asserting the Fifth Amendment Privilege Against Self-Incrimination

Individuals responding to a federal grand jury subpoena have the right to assert the Fifth Amendment privilege against self-incrimination. However, the privilege does not apply to business entities targeted in federal grand jury investigations, nor to individuals subpoenaed in their capacity as the records custodian of a business entity.

Filing a Motion to Dismiss the Grand Jury’s Indictment

Even if the grand jury returns an indictment, it does not necessarily mean that a federal trial (or plea deal) is inevitable. There are several potential grounds for challenging an indictment, including excessive reliance on hearsay, the prosecution’s failure to present the grand jury with exculpatory evidence, and more. Depending upon the events that transpired during the grand jury proceedings, you may be able to file a motion to dismiss the indictment.

At Spodek Law Group, Attorney Todd Spodek and his team have a deep understanding of federal criminal law and procedure, and experience handling complex federal cases. If you need assistance with a federal grand jury subpoena, please contact our team immediately to schedule a consultation.

Experience Matters

Spodek Law Group and Attorney Todd Spodek have extensive experience handling complex federal cases, and understand the severity of the consequences for a grand jury subpoena recipient. The consequences of inaction can be significant and long-lasting, and the need for experienced legal representation is critical.

Protect Yourself with a Comprehensive Strategy

When you receive a federal grand jury subpoena, it is important to deploy a comprehensive strategy to protect yourself at all stages of the process. This includes challenging the subpoena itself, thoroughly preparing your testimony or document production, asserting the attorney-client privilege, asserting the Fifth Amendment privilege against self-incrimination, and potentially filing a motion to dismiss the grand jury’s indictment.

Don’t Wait to Take Action

The risks of inaction are too significant to wait. Contact Spodek Law Group and Attorney Todd Spodek today to schedule a consultation and learn how we can help protect your legal rights and interests during this critical time. We will work tirelessly to develop an effective and personalized strategy that is tailored to your specific needs and circumstances.

What to Do If You Receive a Grand Jury Subpoena

When you receive a grand jury subpoena, it’s crucial to take it seriously and act fast. Whether you’re summoned to state or federal court, testifying before a grand jury is no small matter. The Spodek Law Group and Attorney Todd Spodek recommend talking to a qualified criminal defense lawyer who can advise you about your rights and options.

Understand Your Rights with Spodek Law Group

Attorney Tom Petersen and his team at the Spodek Law Group can help explain your rights as a witness before the grand jury. They will discuss your options, including whether you have the right not to testify. Without their help, you could incriminate yourself in a crime or find yourself in contempt of court.

What Is a Grand Jury Subpoena?

A grand jury subpoena is a legal document that requires your attendance before the grand jury. It can also demand that you bring certain records or tangible evidence. You have to appear at the grand jury at the specified time and location. Failure to do so could result in contempt of a court order, leading to arrest, prosecution, and incarceration. And if you lie before the grand jury, you could face criminal charges.

The Difference Between a Grand Jury and a Trial Jury

Grand juries at the federal level are investigative bodies that listen to evidence and vote on indictments. They determine if the prosecution has presented enough evidence to charge the suspect with a crime. Conversely, trial juries listen to evidence presented by both the prosecution and defense and vote on guilt or innocence in criminal cases.

Know What to Expect with a Grand Jury Subpoena

Receiving a grand jury subpoena may mean that the prosecution wants you to testify as a witness concerning a specific event. If you have questions or concerns, you should not contact the prosecutor’s office first. Let your lawyer do that. They can prepare you by going over potential questions before your appearance, and advise you about the possible need to “plead the Fifth” and not answer certain questions.

Protect Your Best Interests with Spodek Law Group

Remember that your lawyer’s responsibility is to protect you from legally hurting or incriminating yourself. If you have received a grand jury subpoena, do not hesitate to contact the Spodek Law Group to understand your rights and options. Attorney Todd Spodek and his team have the experience to handle the legal situation and protect your best interests.

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