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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Do I have To Talk To A Federal Grand Jury?

The short answer is no. However, if you’ve been subpoenaed to testify before a federal grand jury, learning all you can about what you’re up against can guide you about what to do next.

Why Are Witnesses Subpoenaed By Federal Grand Juries?

There are two possible reasons. One reason is that the prosecution believes that you, as a witness, may have important information about a crime committed by someone else. The other reason is that the prosecutor believes you may have committed a crime yourself. In that case, you’re considered a target.

Any testimony that witnesses give to a grand jury can be used as evidence against them later. The only exception is if you are granted special witness immunity from prosecution prior to testimony.

How Do I Know If I’m a Target?

Your lawyer can usually find out from the prosecutor if you’re a target. If so, your lawyer might try to make a deal for you to testify with immunity. You might also be granted immunity if you have a legitimate refusal to testify based on your Fifth Amendment rights.

What Is Immunity?

There are two types of immunity. Which one is granted would depend on the gravity of the target’s criminal history:

  • Transactional immunity is when a witness cannot be prosecuted for any criminal activity related to the topic of the testimony.
  • Use immunity is when a witness could potentially be prosecuted for criminal activity related to the subject of the inquiry. However, the testimony itself may not be used in a future prosecution.

Prosecutors routinely grant immunity to small potatoes criminals in exchange for witness testimony about the fat cat criminals.

Am I Required to Testify?

A witness who refuses to testify after being given immunity can be held in contempt of court by a judge and jailed. In that case, it’s not a good idea to refuse to testify, although you do have the option.

The legal premise for giving testimony is that a grand jury is entitled to evidence from anyone who has it. If you have information that could impact a criminal investigation, you’re expected to show up and share what you know.

Nevertheless, there are always exceptions.

How Can I Get an Exemption?

You are entitled to certain privileges as a U.S. citizen. Those privileges include asserting your Fifth Amendment right against self-incrimination. If the information you have could be used against you, you have the right to refuse to testify.

Additional privileges that may apply include marital privilege and attorney-client privilege. If anything you are asked to testify about would violate any of your privileges, you have the right to remain silent. If not, then you must tell the grand jury what you know.

How Does a Grand Jury Work?

Grand juries are more laid-back than courtrooms. Nevertheless, they play an essential role in the criminal case-building process. Grand juries work with the prosecutor to establish whether there is sufficient evidence to bring criminal charges against a potential defendant. The jurors are on a fact-finding mission. Witnesses are not found guilty or charged with crimes.

What’s the Difference Between Grand Juries and Preliminary Hearings?

Not all states use grand juries. Instead, they use preliminary hearings that precede criminal trials. The hearings are adversarial in nature. Like grand juries, preliminary hearings are used to see whether there’s enough evidence to charge a suspect. A preliminary hearing may be followed by a grand jury to gather additional evidence.

What Happens At Grand Jury Hearings?

There is no judge presiding over grand jury proceedings. It’s just the jurors, the witnesses and the prosecutor. The prosecutor will explain the law and assist the jurors with gathering evidence and hearing testimony. Any evidence is welcome, and it can be almost anything.

Grand juries are secret proceedings. All testimony is kept confidential. That helps witnesses to feel more comfortable and protects the reputation of the target in case the jury chooses not to indict.

An indictment does not require unanimous agreement among all the jurors. Agreement among 2/3 or 3/4 of jurors is all that’s needed for an indictment.

On the other hand, the jury might chose not to indict. If that happens, the prosecutor may still indict the defendant based on the evidence established so far.

For the prosecution, grand juries are a kind of litmus test of the strength of a case. Grand jury findings can either support and advance the case or show clearly insufficient evidence to establish guilt.

The trial will go faster if a grand jury chooses to indict. Without a grand jury indictment, the prosecutor must clearly show the trial judge that there is sufficient evidence to proceed with the case. With a grand jury indictment, the prosecutor can skip that step and proceed directly to trial.

If you have been subpoenaed to testify before a grand jury and you think you might be a target, consult with a federal grand jury investigation lawyer immediately to discuss your situation.

References:

https://www.findlaw.com/criminal/criminal-procedure/how-does-a-grand-jury-work.html
https://www.natlawreview.com/article/federal-grand-jury-ten-tips-if-you-receive-subpoena
https://www.whitecollarcrimeresources.com/do-i-have-to-talk-to-a-federal-grand-jury.html
https://www.nolo.com/legal-encyclopedia/testifying-before-a-grand-jury.html

Any kind of legal case, whether a civil or a criminal matter, is likely to take time to complete. The process of hearing and deciding on a case may take weeks if not months or years. Part of this process may involve a specific procedure known as a grand jury. Unlike some other types of juries, the purpose of the grand jury is not to find out if the person who might be accused of a crime is innocent or guilty under the laws of the state. Instead, the grand jury is designed to determine if there is enough evidence to begin the process of charging the person with felony. A felony is a very serious crime.

People who have been convicted of a felony may face all sorts of restrictions on their lives. A felony conviction may prevent someone from voting. It can also prevent them from owning or using any kind of firearm. Many states allow employers the automatic right to refuse to hire a convicted felon even if that person has the qualifications to fill the job. The possibility of being accused of a felony can also smear a person’s reputation in the public eye.

In addition, it can be very costly to try someone of such a crime. This is why many prosecutors want to make sure they have a case. Enter the grand jury. The grand jury process allows the prosecutor to determine if can probably get a guilty verdict. For certain crimes, heading to a grand jury is actually a requirement under the American constitution. This process is taken very seriously by many prosecutors. They will present their case in front of a group of people that can be as small as sixteen or as large as twenty-three in number depending on the venue. The grand jury is not used in many states. It is only applies to federal felonies.

Getting a Subpoena

You might be called to speak in front of a grand jury for several reasons. One of the most common is that you might later be accused of a crime. Another reason that you might be called in front of a grand jury is that you are a witness to a crime. The prosecutor wants you to present evidence of what you’ve seen in front of a group of people who otherwise have no knowledge of the issues that might surround any wrong doing.

When you get that summons, now is the time to talk to a lawyer if you have not done so before. In general, the law requires that you must present what you know to the prosecutor and all members of the grand jury. If you don’t, you may be in violation of many laws. If you have evidence, you must be willing to hand it to grand jury when get that notification. At the same time, as is the case in many legal issues, there are certain exceptions to the rules that might apply to you personally during this process.

Privileged Information

The American constitution offers residents many specific legal rights. One such right is what is known as privileged information. By law, there are certain things people do not have to do legally. One of the most important of such rights is the right to avoid self incrimination. Essentially this means that all people in the United States are not obligated to give statements that might cause them to be charged with a crime. This is popularly known as taking the fifth or citing the fifth amendment to the Bill of Rights when speaking in a court of law. The same laws that apply in other courts also apply during the grand jury process.

You cannot be forced to testify that you committed a crime. This right is fairly broad. You cannot be compelled to state that you killed someone outright. The grand jury system also cannot compel you to give evidence that might lead anyone else to conclude that you probably committed a crime. So you also can’t be forced to state that you were at a murder scene even if other evidence points to the fact that you were present.

Other forms of privilege also apply when you are dealing with a grand jury summons. Husbands and wives cannot be forced to testify against each other in a grand jury trial. The same is true of any communications that you had with your legal counsel. You can’t be forced to reveal such information. You can volunteer it, of course. But you can’t be compelled by the state to talk about in a court. If you are facing such issues, now is the time to consult with a lawyer. They can explain such legal matters in much greater details in person.

Why you need a lawyer for a Federal Grand Jury Subpoena

Currently, a lot of people have been convicted or are facing federal criminal charges across the US. The public has looked down upon the importance of having an attorney during a grand Federal Grand Jury Subpoena. Usually, a grand jury comes first before any criminals charges proceeding. In the event that you are issued with a notice to appear before a grand jury it highly probable that you are under probe for a federal criminal offense. Under normal circumstances, the jury and the prosecution team will work together to establish whether you are to face criminal charges or not. This jury proceeding will undoubtedly weigh much on the possibility of facing federal criminal charges.

Appearing before a federal grand jury without a lawyer could be suicidal in the sense that you are most likely to face criminal trials. Getting a competent and professional attorney/ lawyer will put you at ‘ahead’ of the system. It will in a long way help you avoid the stressful criminal trials that could probably culminate to conviction. The attorney will represent you and work to prove to the jury that the evidence presented by the prosecution team is void and hence proving your innocence. Hiring a lawyer is the best shot and chances are that you will be relieved of probable criminal trials.

So, how does the Grand Jury Proceedings look? A grand jury constitutes a 16 to 23 member group. These individuals are called to serve in the court just like in an ordinary court proceeding. They are all mandated to make intensive reviews on the evidence tabled by the prosecution and determine your fate. In case, there is enough evidence, they recommend for a court trial.

On the other hand, if the evidence is insufficient, then the case could end at that point. However, the prosecution team could opt to push for a criminal trial. Nonetheless, the chances are that the prosecution will lose in the criminal trials. In case of this eventuality, your lawyer will work relentlessly to develop a solid case in court and that way you be very much close to your freedom and stress-free life.

Hiring an attorney for federal grand jury subpoena comes with a number of privileges. A lawyer will definitely add a lot of value with regard to discrediting the prosecution evidence. He/she will feel the heat of the jury on your behalf. Even though the proceeding may be less formal having legal representation at this stage will significantly affect the outcome of the direction your cases. At this point, it vital that do a background check to establish the competence, history, and skills of your lawyer. Do not just hire and ‘any criminal lawyer.’

Here three main reasons why you should consider having an attorney on your side in a federal grand jury subpoena.

First of all, is that the lawyer will take through probable questions in a grand jury proceeding. In case it is a subpoena for documents, the lawyer will assist in determining or identifying whether they are any privilege issues in the document or expected testimony. If they are any, the lawyer will help you go through them during the entire grand jury process.

Secondly, is that the lawyer will give regular updates on the investigation status. He/ she will work keep you posted on the direction of the investigation by the prosecution. This will in a big way reduce stress and help you focus on your daily life without much worry.

The attorney will work precisely to help you understand your role and responsibility with regard to the investigation procedures. Additionally, he /she will provide you will a clear status of your criminal investigations.

Lastly, the attorney will assume a logistics function. Logistics are basically procedures that needed to be followed as far as the grand jury and court trial processes are concerned. For example, if there are any document submissions to be done, then the lawyer will be there to make sure that is done. At the same time, the attorney will ensure all the processes are cost-effective, law-abiding, and as per the provisions of the prosecution and those of the grand jury subpoena.

All these functions will provide for a smooth grand jury subpoena proceedings, and it will in a big way positively affect its outcome. In addition to this, the lawyer may address issues concerning scheduling problems or other issues that may be pressing you. If you need to reach out to the prosecution, the lawyer can reach out to the team on your behalf instead of doing it yourself.

Hiring a lawyer will add value to your proceedings if your freedom is a priority, hiring a lawyer at this stage is highly recommendable if you want to a chance to clears your name.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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