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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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Do I have To Talk To A Federal Grand Jury?

By Spodek Law Group | July 27, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:23 pm

Talking to a Federal Grand Jury

Being summoned to speak in front of a federal grand jury can be quite an intimidating event in its own right. Thinking about the actual testimony that you are about to be asked to give can be downright frightening. You might wonder if you are even required to speak with a federal grand jury. The answer in most in situations is yes, you are. This is because the federal grand jury has the right to hear from you if they believe that you have some information that they need in order to make an informed decision. That being said, there are some exceptions to you having to testify. If your testimony can, for example, implicate you in a crime then you are allowed to invoke the 5th Amendment. In such a situation, you will not likely be forced to answer the questions. There are some other exceptions to this as well, but in general, you will need to talk to a federal grand jury when asked.

No Interviews Prior to the Grand Jury

If you have been summoned to speak to a grand jury, you are under no obligation to speak to the government ahead of time. In fact, you are advised not to. Some attorneys for the U.S. government will try to trick individuals into having an interview with federal agents prior to a grand jury convening. You do not need to oblige. You may even receive a letter asking you to show up for the proceedings an hour or two early. This would be so that you can be met by a representative from the U.S. Attorney’s Office. Do not do it. You may end up saying something that you will later regret, particularly if it contradicts with something you later say in front of the grand jury.

Even lying to a government agent during a pre-grand jury interview is against federal law. Since such interviews are not recorded, your words could be misconstrued and misrepresented by the agents. However, grand jury sessions are recorded so that there will be no question as to what you have said.

Understand the Notion of Grand Jury Secrecy

It is important to know about Rule 6(e). This is a part of the Federal Rules of Criminal Procedure that dictates that grand jury proceedings are to be kept a secret. This means that what you say in the courtroom is not to be repeated. Violations can result in sanctions being imposed upon the individual, or even charges of criminal contempt being bought against a prosecutor.

The other part of this rule dictates that, as a witness, you are free to tell anyone you want about your testimony after the fact. Of course, this is not usually advisable. You will want to keep your testimony quiet in most cases. Some federal prosecutors will even go so far as to tell you that you are not permitted to discuss the grand jury proceedings and any testimony that you give. Do not be bullied by this. You can have your own attorney respond to such a request, as non-non-disclosure should not be an option. You should retain the right to discuss any of the proceedings if you so desire.

Allow Your Attorney To Receive the Subpoena

As mentioned, chances are good that you will have to speak to the federal grand jury if you are summoned. This means that you will need to receive a subpoena in order to do so. Most people are embarrassed by this process, as it might mean that you are served at work. However, you can avoid this by having the FBI agents or other representatives of the prosecutor’s office serve the subpoena to your attorney. If the agents end up serving you anyway, refuse to answer any of their questions and refer them back to your lawyer. This is the best way to go about the issue.

These are just some general guidelines to follow when being asked to testify in front of the grand jury. Remember that you have the right to not incriminate yourself. If you think that you will, consult with an attorney to determine how best to proceed.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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