Criminal Defense Lawyers

Federal Grand Jury Subpoenas: What You Need to Know in New York

Introduction

If you have received a federal grand jury subpoena in New York, you probably have a lot of questions. I totally get it! Grand jury subpoenas can be intimidating and confusing. As someone who has helped folks in this situation, I wanted to write this article to explain what federal grand jury subpoenas are, what your rights and responsibilities are, and how an attorney can help.

First off, don’t panic! Getting a federal grand jury subpoena does not necessarily mean you’re in trouble or did something wrong. Grand juries have a broad investigative power, and there are many reasons why you could get subpoenaed. My goal here is to walk you through the process so you understand what’s happening.

Why Would I Get a Federal Grand Jury Subpoena?

There are three main reasons why you could get subpoenaed:

1. You are a target of the investigation – This means prosecutors think you may have committed a federal crime.
2. You are a subject or person of interest – This means prosecutors want to gather more information from you related to the investigation.
3. You are a witness – This means prosecutors believe you have information relevant to the investigation, but don’t suspect you of wrongdoing.

As you can see, being subpoenaed does not automatically make you a target. Many people receive federal grand jury subpoenas simply because they witnessed something or have information prosecutors want.

What Will the Subpoena Require?

A federal grand jury subpoena will tell you one or more of three things:

1. To testify – This means answering questions under oath before the grand jury at the federal courthouse.
2. To provide documents or other evidence – This could include things like financial records, phone records, photos, or other physical evidence.
3. To not disclose the subpoena – This means you cannot tell anyone, sometimes even your spouse or lawyer, about the subpoena.

The subpoena will give you a specific date, time, and location where you must appear and/or turn over documents. It’s issued on behalf of the grand jury, so you must comply or face penalties.

Can I Fight or Quash the Subpoena?

If you have valid reasons, you may be able to get the subpoena withdrawn (“quashed”) or modified by filing a motion with the court. Reasons to quash or modify could include:

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• The subpoena seeks privileged information (between attorney-client, doctor-patient, etc.)
• Complying would violate your 5th Amendment right against self-incrimination
• The subpoena is overly broad, vague, irrelevant, or issued in bad faith
• Complying would be an undue burden (like excessive costs)

However, the process of fighting a subpoena is complex legally. That’s why it’s so important to have an experienced federal criminal defense lawyer help you.

What Happens If I Don’t Comply?

If you disobey or ignore a federal grand jury subpoena, you could face charges like contempt of court or obstruction of justice. Penalties can include hefty fines or even jail time.

So don’t disregard a subpoena! The best approach is to consult a lawyer right away about your options. An attorney can help negotiate with prosecutors or file motions to limit or quash the subpoena if appropriate.

Should I Testify or Turn Over Documents?

In many cases, you may not have grounds to fight the subpoena, so you will have to testify or turn over requested records. If so, your lawyer can help prepare you to testify or review your documents so you understand what you need to disclose.

It’s important not to obstruct justice or lie under oath, as that can lead to criminal charges too. If you have records that show illegal activity or could implicate you, you may be able to assert your 5th Amendment right against self-incrimination.

There are complex issues around testifying or handing over potentially incriminating evidence. So again, consulting an attorney is vital to protect your rights.

Will I Have a Lawyer With Me?

Unfortunately, your attorney cannot be inside the grand jury room with you while you testify. However, you can step outside to confer if you need guidance on whether you can refuse to answer a question.

Your lawyer can also wait near the grand jury room so you can meet immediately after testifying to discuss how it went.

What Should I Do to Prepare?

To get ready for a federal grand jury subpoena, here are some key steps:

1. Don’t panic – I know it’s scary, but take a breath. Just because you’re subpoenaed does NOT mean you will be indicted.
2. Say nothing – Do NOT discuss the subpoena or investigation with anyone but your lawyer.
3. Hire an attorney – An experienced federal criminal defense lawyer is critical.
4. Compile documents – If asked for records, gather them right away.
5. Review questions – Your lawyer can help prepare you for potential testimony.
6. Know your rights – Plead the 5th if you may incriminate yourself.

I can’t stress enough how important it is to have skilled legal counsel advising you. Federal prosecutions have a conviction rate over 90%, so mounting a strong defense early is essential.

What Should I Expect Moving Forward?

Every case is different, but in general here is the progression after getting a federal grand jury subpoena:

1. Meet with lawyer → Get advice, file motions if needed
2. Comply with subpoena → Testify, provide documents
3. Grand jury investigation continues → Prosecutors collect more evidence
4. Grand jury votes on indictment → Criminal charges filed, or investigation closes
5. If indicted → Arrest, arraignment hearing, criminal court case proceeds
6. If no indictment → Investigation ends, no charges filed

So after you comply, the waiting begins. The grand jury may ask you to testify again or request more documents. An investigation can take many months before the grand jury votes on an indictment. Cases often come down to the strength of the defense.