Criminal Defense Lawyers

Am I automatically under investigation if I receive a grand jury subpoena?

Am I Automatically Under Investigation if I Receive a Grand Jury Subpoena?

If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. At Spodek Law Group – we understand that, and take this very seriously. Our law firm has over 50 years of combined experience dealing with some of the toughest legal issues nationwide. Whether you’re a target or a witness, this is a critical moment. Here’s what you need to know about what a grand jury subpoena really means, how federal investigations work, and how we can help you.

What Is a Grand Jury Subpoena?

A federal grand jury subpoena is an official command to appear and testify—or to produce documents—before a grand jury. Under Rule 17 of the Federal Rules of Criminal Procedure, prosecutors typically use the grand jury process to decide whether there’s enough evidence to issue an indictment. At Spodek Law Group – we understand how serious a grand jury subpoena can be; still, it doesn’t always mean you’re the focus of the investigation. Sometimes, the government just wants information from you. Other times, they’re circling around you. Our role is to figure out which scenario you’re in and protect you accordingly.

Does a Subpoena Mean I’m Automatically Under Investigation?

Not necessarily. Here at Spodek Law Group, we know each case is unique. You could be:

• A Witness: The government simply wants documents or information you might have.
• A Subject: The government believes you have partial involvement in potential wrongdoing.
• The Target: The government suspects you of criminal conduct, and an indictment might be coming soon.

If you’re unclear which category you fall into, we can reach out to the prosecutor to clarify your status—or at least assess it by looking at what’s being asked of you. Early intervention is key. If you’re a target, we can begin preparing a defense strategy immediately. If you’re merely a witness, we’ll guide you so you don’t become a target down the road.

Federal Crimes That Trigger Grand Jury Subpoenas

Many types of federal charges can involve the grand jury process. Some examples include:

• Wire Fraud (18 U.S.C. § 1343)
• Mail Fraud (18 U.S.C. § 1341)
• Tax Evasion (26 U.S.C. § 7201)
• Conspiracy (18 U.S.C. § 371)
• Healthcare Fraud, Securities Fraud, Public Corruption
• Drug Offenses (21 U.S.C. § 841)

When deciding on federal cases, the federal judges have to follow sentencing guidelines, and there are minimum sentences. The Department of Justice follows a different set of federal rules of procedure, and has different practices than state authorities. Prosecutors often rely on the U.S. Sentencing Guidelines, which can mean less leniency and mandatory minimums. That’s why you want a criminal defense team with real experience—like Spodek Law Group. We handle criminal defense cases nationwide, from Los Angeles to NYC – we are a true, coast to coast, criminal defense law firm.

Double Jeopardy Concerns: Can I Be Charged by Both State and Federal Authorities?

Under the Fifth Amendment, Double Jeopardy prevents you from being prosecuted twice by the same sovereign for the same offense. But state and federal governments are separate sovereigns. That means you could face charges in federal court even if the state is also looking into you. We frequently see this in drug conspiracy, firearm offenses, white collar crimes, and more. Our law firm has attorneys who are licensed in multiple jurisdictions. We can help you navigate both state and federal issues if that becomes your reality.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Different Scenarios, Different Defense Strategies

1. You’re Just a Witness
   • Situation: The subpoena says you must produce documents (like emails, phone logs, or financial records).
   • Strategy: We’ll check if the request is overly broad, or if there’s a risk you might incriminate yourself. We may file a motion to quash or modify the subpoena if it’s not appropriate. Our goal is to protect your rights, keep you from becoming a target, and ensure you don’t hand over more than you should.
2. You’re a Subject of Investigation
   • Situation: The government thinks you have partial involvement in a potential crime.
   • Strategy: We’ll consider whether you should agree to a proffer session or seek immunity. It depends on the evidence and the likelihood of an indictment. Sometimes cooperating helps; sometimes it’s better to remain silent. We weigh each option carefully.
3. You’re the Target
   • Situation: The subpoena is a strong indicator they plan on indicting you.
   • Strategy: We look immediately at your Fifth Amendment privilege. If testifying could incriminate you, we might advise asserting that right. We’ll check for any violations of your Fourth Amendment rights during the government’s investigation. We’ll also explore defenses like entrapment or lack of criminal intent. Our only objective is to get the case against you dismissed, or significantly diminished. If the evidence is overwhelming, we might negotiate a plea agreement. If it’s in your best interest, we go to trial and fight for you.
4. Parallel Civil and Criminal Investigations
   • Situation: Agencies like the SEC, IRS, or FBI are looking at similar allegations in a civil context.
   • Strategy: We coordinate both fronts so your civil testimony isn’t used against you criminally. We might request to pause the civil proceedings until the criminal case is addressed. We want to ensure you don’t have to choose between talking or incriminating yourself.
5. Facing Serious Sentences
   • Situation: You’re dealing with charges like conspiracy or wire fraud that carry significant prison time.
   • Strategy: Under federal law, the severity of your sentence can depend on the role you played, whether restitution is available, and your prior record. We look for mitigating factors at every turn, aiming to reduce or dismiss the charges altogether.

Does the Subpoena Alone Mean I’m in Legal Trouble?

Not necessarily. But it’s a clear sign the government is examining something related to you. Even if the subpoena only asks for documents, you should consult a qualified federal criminal defense attorney. Simple mistakes—like disclosing privileged information or making inconsistent statements—can shift you from witness to target. We recommend you speak to an attorney who knows federal court inside and out.

Protecting Yourself: Where to Start

If you receive a grand jury subpoena, or suspect one might be on the way, contact Spodek Law Group immediately. We’re based in NYC, with offices throughout Long Island, but we represent clients nationwide. We have a fully online digital portal, so all communications, documents, and updates are accessible in one secure place. We’re here 24/7 for a risk-free consultation.

At this consultation, you can walk us through your situation, and we’ll provide immediate insight. Many people reach out after hearing about our representation of high-profile clients, like Anna Delvey (Sorokin). Our law firm has offices throughout NYC and Long Island. Our team has experience dealing with some of the toughest legal issues nationwide. We are focused on our clients and getting them the best outcome possible. Our attorneys handle cases nationwide and are here to help you.

Why Choose Spodek Law Group?

• Experience: Over 50 years of combined experience handling complex federal and state cases.
• Client-Focused: We only take clients we believe we can help.
• 24/7 Availability: We’re here around the clock.
• Proven Track Record: Our only objective is to get the case against you dismissed, or significantly diminished.

Take Action Now

Whether you’re worried about an upcoming subpoena, or you’re already holding one, it’s time to act. Don’t wait and hope it goes away. At Spodek Law Group, we understand how urgent this is. Our team knows the federal system and has the resources to provide the representation you need.

We are available 24/7, to provide a risk-free consultation. Call us today, and let’s begin creating a strategy rooted in protecting your rights.