Federal Criminal Investigations Lawyers
Have you ever wondered what it means to be subpoenaed by a federal grand jury? It’s not something most people think about – until it happens to them. Getting that official letter in the mail can be jarring, to say the least. But, take a deep breath. We’re here to walk you through exactly what a federal grand jury subpoena means, and what your next steps should be.
Contents
- 1 What is a Federal Grand Jury?
- 2 Two Types of Federal Grand Jury Subpoenas
- 3 So, You’ve Been Subpoenaed – What Now?
- 4 Why Hiring a Top Federal Criminal Defense Lawyer is Crucial
- 5 What If I Don’t Comply With the Subpoena?
- 6 An Insider’s Perspective on Federal Grand Juries
- 7 When You Need a Powerhouse Federal Criminal Defense Firm
- 8 Defending Against Federal Criminal Charges – A Comprehensive Guide
- 9 The Federal Criminal Process Explained
- 10 Why Federal Criminal Cases Are Unique
- 11 Building an Aggressive Defense Strategy
What is a Federal Grand Jury?
Let’s start with the basics. A federal grand jury is a group of 16-23 citizens who hear evidence presented by federal prosecutors. Their job? To determine if there is probable cause to believe a federal crime was committed, and if so, to issue an indictment.Grand juries have broad powers to subpoena documents and witnesses to testify under oath. So if you’ve been summoned, it means the grand jury wants to hear from you as part of their investigation into potential federal criminal activity.
Two Types of Federal Grand Jury Subpoenas
There are two main types of federal grand jury subpoenas you could receive:
- A subpoena that requires you to testify: This is called a “subpoena ad testificandum.” It compels you to show up and answer questions under oath before the grand jury.
- A subpoena that requires you to bring documents or other evidence: Known as a “subpoena duces tecum,” this demands you produce specified records, data, or physical evidence for the grand jury’s review.
You may receive one or both types of subpoenas. And here’s the kicker – that subpoena doesn’t necessarily mean you’re the target of the investigation. You could simply be a witness with information relevant to the case.
So, You’ve Been Subpoenaed – What Now?
Getting subpoenaed by a federal grand jury can be unnerving, no doubt. But staying calm and taking the right steps is crucial. Here’s what you need to do:1. Hire an experienced federal criminal defense attorney ASAP. Do not, I repeat, do NOT go into that grand jury room alone. An attorney is permitted to be present to represent you, so take advantage of that right. They can protect your interests, advise you on how to answer questions, and ensure you don’t accidentally incriminate yourself.Why is this so important? Well, anything you say to that grand jury can potentially be used against you down the line. As former federal prosecutor Renato Mariotti explains, “The prosecutor running the grand jury is looking for evidence of a crime. If you say something that implicates you, they can and will use it.” 12. Understand your rights and options. Your attorney will walk you through all the possibilities, which may include:
- Asserting your 5th Amendment right against self-incrimination
- Negotiating for limited immunity in exchange for your testimony
- Challenging the subpoena’s validity on legal grounds
- Complying with the subpoena, but being strategic about what you say
The path forward depends on your specific situation and whether you are considered a target, subject, or witness in the investigation.3. Prepare, prepare, prepare. If you do end up testifying, your lawyer will meticulously prepare you. You’ll go over potential questions, review relevant documents, and ensure you understand what topics are off-limits based on privileges like attorney-client confidentiality.As former Assistant U.S. Attorney Neama Rahmini states, “You have to be perfectly prepared and understand the scope of what you can and cannot be asked about.” 2The key? Follow your attorney’s advice to the letter. The grand jury room is not the place to wing it.
Why Hiring a Top Federal Criminal Defense Lawyer is Crucial
Look, we get it – hiring a lawyer is not something anyone wants to do. But when you’re subpoenaed by a federal grand jury, not doing so would be a massive mistake that could jeopardize your entire future.Federal criminal cases are a whole different ballgame compared to state charges. The government has extensive resources to investigate and prosecute. The penalties for convictions, including hefty fines and lengthy prison sentences, are severe. And once you’re indicted, it’s an uphill battle to avoid charges sticking.As former federal prosecutor Tor Ekeland bluntly puts it, “If you get indicted, you’re probably going to get convicted.” 3That’s why you need to bring in the big guns from the very start – an accomplished federal criminal defense attorney with experience handling grand jury matters and a track record of success.At Spodek Law Group, our team of former prosecutors and aggressive litigators know all the tactics federal authorities use. We can anticipate their next moves and implement a robust defense strategy to protect your rights and freedom.It’s simple. Every single client deserves honesty and white glove service. Every single client should know what he, or she, potentially faces. We lay it all out from day one, with no sugar coating. Then we get to work exploring every possible avenue to mitigate the situation.
What If I Don’t Comply With the Subpoena?
Ignoring a federal grand jury subpoena is not an option – it’s a federal crime in itself, often charged as contempt of court. You could face fines and even jail time for non-compliance.As the Cornell Legal Information Institute explains, “Failure to comply with the subpoena constitutes contempt of court and is punishable by fine or imprisonment.” 4Your attorney can request to quash (cancel) or modify the subpoena if there are valid legal grounds. But simply blowing it off? Not a chance.
An Insider’s Perspective on Federal Grand Juries
To provide an insider’s view, we spoke with Todd Spodek, Managing Partner at Spodek Law Group and a veteran federal criminal defense attorney.“Grand juries are a powerful investigative tool for prosecutors,” Spodek states. “They have tremendous ability to gather evidence through subpoenas. But they also have an obligation to uncover exculpatory information that could exonerate the accused.”“The problem,” he continues, “is that too often, federal prosecutors play games and skew the grand jury process to unduly favor the government’s narrative. They’ll present a very one-sided view of the case, leaving out key facts that could clear the accused.”This underscores why having a skilled defense lawyer is so vital when dealing with a federal grand jury subpoena. As Spodek explains:“My job is to counter that prosecutorial bias by advocating for my client’s interests. I’ll fight to get exculpatory evidence included and ensure the grand jurors get the full, unvarnished truth – not just the government’s slanted version of events.”
When You Need a Powerhouse Federal Criminal Defense Firm
At the end of the day, being subpoenaed by a federal grand jury is a big deal with potential life-altering consequences. This is absolutely not the time to go it alone or hire an inexperienced attorney.You need heavy-hitting legal firepower on your side from a firm with a proven track record of success against the federal government. A firm like Spodek Law Group that pulls no punches and will not back down no matter how aggressive the prosecutors get.As Todd Spodek summarizes, “Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.”“At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.”So if you or a loved one has been subpoenaed by a federal grand jury, don’t take chances. Hire a powerhouse legal team that will zealously safeguard your rights and freedom. Your future depends on it.
Defending Against Federal Criminal Charges – A Comprehensive Guide
Being under investigation or charged with a federal crime is a terrifying prospect. The penalties are harsh, the government’s resources are immense, and the road ahead is fraught with legal landmines.But with the right federal criminal defense lawyer in your corner, you can fight back hard and protect your rights, reputation, and liberty. Here’s a comprehensive guide on what to expect and how to mount an aggressive defense.
The Federal Criminal Process Explained
To start, it’s important to understand the typical process for federal criminal cases:1. Investigation Phase
Federal agencies like the FBI, DEA, IRS, etc. open an investigation into suspected criminal activity. This can involve surveillance, undercover operations, document analysis, witness interviews, and more.2. Charging Phase
If the investigation uncovers enough evidence of a federal crime, prosecutors from the U.S. Attorney’s Office will file charges – either an indictment from a grand jury or a criminal complaint if urgent action is needed.3. Arrest and Initial Appearance
The accused is arrested if not already in custody. They appear before a judge who informs them of the charges, sets bail conditions, and the case proceeds to the next phase.4. Pre-Trial Phase
This is the discovery process where both sides exchange evidence and make legal motions. Plea negotiations also occur during this phase.5. Trial Phase
If no plea deal is reached, the case goes to trial before a judge and jury. The prosecution presents evidence first, followed by the defense. The jury renders a verdict of guilty or not guilty.6. Sentencing and Appeals
If convicted, the judge determines the sentence based on federal guidelines and evidence. The defendant can appeal certain pre-trial rulings and the conviction itself.As you can see, it’s a lengthy and complex process with many potential pitfalls for the accused. This is why having a top-tier federal criminal defense lawyer is absolutely crucial from the very start.
Why Federal Criminal Cases Are Unique
Federal cases are a whole different beast compared to state charges. The government brings tremendous resources to bear, including elite law enforcement agencies, experienced prosecutors, and cutting-edge forensics capabilities.Federal crimes also tend to be more serious in nature – think terrorism, large-scale fraud, public corruption, and racketeering cases. The penalties upon conviction are harsh, with lengthy mandatory minimum sentences that allow for little judicial discretion.As former federal prosecutor Neama Rahmini bluntly states, “The federal system is a very unforgiving beast. The sentencing guidelines are extremely harsh.” 5That’s why you need a criminal defense firm with extensive experience handling the complexities and high stakes of federal cases. A firm that has gone toe-to-toe with the federal government and won – both at trial and in negotiating favorable plea deals.
Building an Aggressive Defense Strategy
At Spodek Law Group, our federal criminal defense team takes a multi-pronged approach tailored to each client’s unique situation:1. Attacking the Investigation
We thoroughly examine the government’s investigation for any misconduct or constitutional violations that could get evidence suppressed or the entire case dismissed. Issues like illegal searches, coerced confessions, entrapment, and more.2. Poking Holes in the Evidence
Our attorneys will scrutinize all evidence and witness testimony to identify weaknesses, inconsistencies, and reasonable doubts to exploit at trial.3. Negotiating From a Position of Strength
If the evidence appears strong, we can negotiate strategically for reduced charges or a favorable plea bargain – but never from a position of weakness.4. Mounting an Aggressive Defense at Trial
Should the case go to trial, you can count on our skilled litigators to mount a fierce, unrelenting defense aimed at creating reasonable doubt and securing an acquittal.5. Appealing if Necessary
Even if convicted, we will vigorously appeal any legal errors or improprieties that could get the conviction overturned or a new trial granted.The bottom line? We leave no stones unturned in pursuit of the best possible outcome for our clients facing federal charges.