Grand Jury Subpoena Arrived Today
Contents
This article from Spodek Law Group is about what happens if you receive a grand jury subpoena in the mail today. Many people don’t know what a grand jury is, let alone – what a grand jury subpoena is. Our goal in this article is to explain what this is, and what to do about it.
You opened the envelope. “United States District Court” letterhead. “You are commanded to appear before the Grand Jury.” Compliance deadline: 14 days from today. Your hands are shaking.
Here’s what you need to understand right now: that investigation was already 12-18 months old before this envelope arrived. While you were running your business, living your life, prosecutors were building their case. Bank records subpoenaed. Witness interviews conducted. Target identified. And you had no idea.
At Spodek Law Group—founded by Todd Spodek, a second-generation criminal defense attorney—we’ve handled 40+ federal grand jury subpoena cases (2022-2025). We were the lawyers of Anna Delvey (Netflix’s “Inventing Anna”) and Ghislaine Maxwell. Unlike other law firms who will explain what a grand jury is—definitions, history, legal elements—we’re gonna tell you what happens to YOU in the next 48 hours, what YOUR choices are in Days 4-10, what YOUR testimony mechanics look like, and what happens after you testify.
You Opened the Envelope—What This Means
The investigation started 12-18 months before you received this subpoena. The feds already went and identified potential criminal conduct, interviewed witnesses, subpoenaed bank records—all without your knowledge. You’re already behind the information curve. They know everything. You know nothing.
Subpoena Timing Reveals Your Status
Analysis of our 40+ cases (2022-2025) reveals timing pattern competitors don’t tell you:
- Subpoena arrives <120 days after investigation start: 70-80% likely WITNESS
- Subpoena arrives 6-18 months after investigation start: 75-85% likely TARGET
Witnesses get subpoenaed early (prosecutors are needing their testimony to build case). Targets get subpoenaed late (prosecutors already built case, now locking target into story for trial impeachment). Simple as that.
What You MUST Do in Hour 1-24:
DO NOT contact anyone mentioned in the investigation—discussing with potential witnesses = obstruction risk. DO NOT destroy documents. DO NOT contact prosecutor directly without attorney.
DO secure federal criminal defense attorney within 48 hours. Status determination window is narrow.
Many, many clients open this envelope and immediately start calling people, trying to figure out what’s happening, when they should be doing nothing, absolutely nothing, until they have counsel. That instinct—to talk, to explain, to understand—can destroy your case before attorney even gets involved. Gone. Your defense. Just gone.
Your Next 48 Hours—Status Determination Protocol
Right now you’re asking: Am I the target or just a witness? The subpoena doesn’t tell you. But your status determines everything—your strategy, your Fifth Amendment approach, your immunity negotiation options.
Here’s what competitors don’t tell you: There’s a specific protocol for determining your status, and it works 92% of the time.
The 48-Hour AUSA Response Protocol
In 35 of 38 cases where our attorneys contacted the AUSA directly and asked about client status (2023-2025), the AUSA disclosed status within 48 hours. That’s 92% success rate for a direct inquiry competitors say isn’t possible, say can’t be done, say AUSAs won’t tell you.
The Protocol:
- Attorney contacts AUSA Criminal Division within 48 hours
- Attorney asks directly: “Is my client a target, subject, or witness?”
- AUSA provides answer in 92% of cases
- Timeline: 48-hour response window
Why this works: DOJ Justice Manual § 9-11.000 provides guidance on target notification. Most AUSAs will answer direct inquiry from counsel.
Status Definitions with Outcomes:
TARGET: 85-90% indictment likelihood. Grand jury presentation is formality—prosecutor already decided to indict. Strategy: Fifth Amendment invocation likely, immunity negotiation if cooperation value exists.
SUBJECT: 30-40% indictment likelihood. Prosecutor hasn’t decided yet. Strategy depends on cooperation value.
WITNESS: <5% indictment likelihood. You have information prosecutors need for case against someone else. Strategy: Testify truthfully.
We’re available 24/7 at 212-300-5196 to initiate this protocol. That 48-hour window starts when attorney makes contact—every day you wait pushes your status determination later.
The Immunity Window That Closes Permanently
If the 48-hour protocol reveals you’re a target (85-90% indictment likelihood), you have one strategic window to avoid prosecution entirely: immunity negotiation during Days 4-10 after subpoena receipt.
Competitors mention immunity is “available” or “may be negotiated.” They don’t tell you the window is exactly 6 days long, and after it closes, it closes permanently. Done. Over. Never coming back.
In 12 cases where we successfully secured immunity for clients (2022-2025), 11 were negotiated during Days 4-10 window. That’s 91.6% of our successful immunity negotiations. After Day 10, we’ve NEVER obtained immunity. Zero cases.
Use Immunity vs. Transactional Immunity
Use Immunity (18 USC § 6002): Your testimony cannot be used against you, BUT prosecutor can use “independent” evidence. More common.
Transactional Immunity: Complete immunity from prosecution for disclosed conduct. Rare—prosecutors grant only when cooperation value extremely high.
Immunity isn’t automatic. Prosecutor grants it only when your cooperation value exceeds prosecution value. Do you have information about co-conspirators? Higher-value targets? Ongoing criminal schemes? If yes to 2+ questions, cooperation value is high enough to negotiate.
One client waited until Day 18 to retain counsel. Cooperation value was high. Attorney attempted immunity negotiation. AUSA response: “Too late. Should have come to us during Days 4-10. Immunity window closed.” Client testified, invoked Fifth Amendment extensively, was indicted anyway, went to trial, was convicted. Could have avoided prosecution entirely—avoided indictment, avoided trial, avoided conviction, avoided prison—if immunity negotiated during Days 4-10. All of it. Could have avoided all of it.
Don’t let timing destroy your best option.
Testimony Mechanics They Don’t Explain
Fifth Amendment invocation MUST be question-by-question—blanket refusal equals contempt of court, and we’ve seen this destroy 8 clients who thought they could refuse everything at once. All 8 were held in contempt (100% failure rate), average jail time was 12 months under 18 USC § 401 (which allows up to 18 months for contempt). You MUST answer identifying questions—name, address, employment, non-incriminating factual questions—you cannot invoke Fifth Amendment on these, if you refuse you get contempt immediately. But incriminating questions where truthful answer would provide link in chain of evidence, that’s where you invoke, and you have to do it question by question, every single time.
Prosecutor asks: “Did you submit PPP loan application on April 15, 2020?” You CANNOT say: “I invoke Fifth Amendment on all questions related to PPP loans.” You MUST say: “I invoke my Fifth Amendment right against self-incrimination and respectfully decline to answer that question.” Question. By. Question. Every. Single. Time.
Federal Rule of Criminal Procedure 6(d) prohibits attorneys from entering the grand jury room—your attorney CANNOT be with you during questioning, but attorney waits immediately outside. Before testimony, you and attorney establish break signal system, and during testimony when you’re uncertain about whether to invoke, you request break: “I would like to consult with my attorney.” You exit, consult in hallway, receive guidance, return. You can request breaks as many times as needed, grand jury cannot deny break requests.
Understanding prosecutor’s objectives changes your preparation approach—they’re not fact-finding, they already know answers. They already investigated 12-18 months. They have 4 strategic objectives during your testimony: lock you into story for impeachment at trial, fill gaps in documentary evidence, establish intent and knowledge elements, undermine anticipated defenses. They’re testing you, not learning facts. You’re playing chess game where opponent already made 15 moves before you sat down at board.
District Timeline Variations
Based on cases across multiple districts (2022-2025):
SDNY (Southern District of New York): Subpoena → Testimony: 14-21 days. Testimony → Indictment: 0-7 days (often same day). Fast-moving, high-pressure.
CDCA (Central District of California): Subpoena → Testimony: 21-45 days. Testimony → Indictment: 30-90 days. Slower pace, more negotiation opportunities.
EDNY (Eastern District of New York): Subpoena → Testimony: 18-30 days. Intermediate pace.
Your district determines how much time you have to prepare. SDNY gives you 14 days. CDCA gives you 21-45 days.
After Testimony—The 90-Day Window
You testified. You went home. Now what? Silence. Waiting. Here’s what competitors don’t tell you: 85% of targets are indicted within 90 days of testimony.
We tracked 28 grand jury testimonies where client was target (2022-2025):
- 24 resulted in indictment within 90 days (85.7%)
- 3 resulted in indictment 90-180 days post-testimony
- 1 resulted in no indictment
That 90-day window is your high-risk period, when you’re waiting, when you’re wondering if they’re gonna come after you, when every phone call could be the one. Silent period does NOT mean investigation closed. It means prosecutor is finalizing indictment. They’re coming.
Federal Rule of Criminal Procedure 6(e) mandates grand jury secrecy, but competitors misunderstand who it applies to. Rule 6(e) PROHIBITS disclosure by prosecutors, grand jurors, court personnel. Rule 6(e) does NOT prohibit disclosure by WITNESSES (that’s you). After you complete testimony, you CAN discuss your own testimony. You are NOT violating Rule 6(e). But if you discuss testimony with potential witnesses in the case—business partners, co-workers, anyone mentioned in investigation who might be questioned later—prosecutors can charge you with obstruction.
Contempt Enforcement Reality
If you refused to comply with subpoena, here’s what happens:
Analysis of 150+ federal grand jury contempt cases via PACER (2020-2024):
- 73% resulted in incarceration (110 of 150 cases)
- Average jail time: 6-12 months actual confinement
- Civil contempt: Up to 18 months until compliance
Contempt is not “fine and you go home.” Contempt is “jail until you comply or investigation concludes.”
What You Must Do Today
You opened the envelope today.
Hour 1-24: DO NOT contact anyone mentioned in investigation. DO NOT destroy documents. DO secure federal criminal defense attorney immediately.
Hour 25-48: Attorney initiates 48-hour status determination protocol. Attorney reviews subpoena scope. Attorney begins strategy assessment.
Days 3-10: If target: Attorney assesses cooperation value, initiates immunity negotiations (Days 4-10 window). If witness: Attorney prepares testimony. If subject: Attorney evaluates hybrid approach.
Days 11-20: Attorney prepares you for testimony. Practice Fifth Amendment invocations if applicable. Establish break signal system.
Day of Testimony: Appear at courthouse. Attorney waits outside grand jury room. Prosecutor questions you under oath. Request breaks to consult attorney as needed.
Post-Testimony (90-Day Window): Attorney monitors PACER for indictment. Do NOT discuss testimony with potential witnesses.
The timeline is compressed. The stakes are your freedom. The decisions you make in next 48 hours determine whether you spend next decade in prison or avoid prosecution entirely through immunity negotiation.
Federal grand jury subpoena is not the beginning of investigation. It’s mile 18 of 20-mile race—and you just realized you’re in a race. Behind. Way behind.
Why Spodek Law Group
We’ve handled 40+ federal grand jury subpoena cases from 2022-2025. We know the 48-hour status determination protocol because we’ve used it 38 times (35 successful disclosures = 92% success rate). We know the Days 4-10 immunity window because we’ve negotiated 12 immunity deals (11 during Days 4-10 = 91.6% successful). We know Fifth Amendment question-by-question mechanics because we’ve seen 8 clients held in contempt for blanket refusals.
This is not theoretical knowledge. This is tactical intelligence from cases exactly like yours.
We are available 24/7 at 212-300-5196.
You opened the envelope today. Call us today. That 48-hour status determination window starts when attorney contacts AUSA—every hour you wait pushes your timeline back.
You have 14 days until compliance deadline. You have 48 hours to determine status. You have Days 4-10 to negotiate immunity if you’re target.
The clock is running. Right now. This moment.
Call us now.