How should I handle a situation where the subpoena involves family members or colleagues?
How should I handle a situation where the subpoena involves family members or colleagues?
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. We have over 50 years of combined experience, and our team has experience dealing with some of the toughest legal issues nationwide—including when someone close to you, like a spouse, sibling, child, or even a co-worker, gets subpoenaed.
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Why Subpoenas for Family or Colleagues Happen
Under Rule 17 of the Federal Rules of Criminal Procedure, both prosecutors and criminal attorneys can force witnesses to appear in court, hand over documents, or both. The government does this to build its case or gain new evidence. When the subpoena is due to a federal crime—like mail fraud, wire fraud (18 U.S.C. § 1343), or conspiracy (18 U.S.C. § 371)—the Department of Justice may be involved, which means stricter sentencing guidelines, aggressive prosecutors, and a more complicated legal process. Because federal and state laws are different, sometimes each jurisdiction can investigate you separately, or charge you separately (Heath v. Alabama, 474 U.S. 82). This is why it’s crucial to have a criminal defense lawyer who understands federal and state procedures.
Managing Privileges and Family Concerns
When your spouse is subpoenaed, marital privilege might come up (Trammel v. United States, 445 U.S. 40). But these marital privileges aren’t absolute. If your spouse is under investigation for charges similar to the ones you’re accused of, that can limit the protection you both have. If your child or sibling is subpoenaed, we understand how stressful this can be, and we pride ourselves on having an amazing team of attorneys who can help you navigate this.
We’ll see if there’s a way to quash or narrow the scope of the subpoena. We look at every aspect of the subpoena, for example: Is the subpoena too broad? Is it violating your rights under the Fourth Amendment? We take a strategic approach, always keeping your well-being in mind.
A subpoena to a colleague can involve some of the toughest legal issues nationwide. You might face questions from your boss or HR, and you may worry about your job if the investigation expands. Our only goal is to get the case against you dismissed, or significantly diminished. If you’re dealing with federal charges like white-collar crimes—wire fraud, money laundering, or business-related conspiracy—federal prosecutors can be relentless – they have unlimited resources. We’re also prepared to negotiate with prosecutors if that’s in your best interest.
Key Defense Strategies
Every client’s situation is different, but here are common defense scenarios:
- Motion to Quash or Modify Subpoena
- We argue the subpoena is too broad, unreasonable, or violates privileges.
- We use the Fourth Amendment to question how investigators got the evidence.
- We examine Fifth Amendment concerns if there’s a risk of self-incrimination.
- Privilege Claims for Family Members
- We research how spousal or other privileges apply.
- If your loved one is just a bystander, we may show the government their testimony isn’t critical.
- Illegal Searches and Seizures
- If the government overstepped when getting documents or digital data, we push to suppress that evidence (Mapp v. Ohio, 367 U.S. 643).
- This can lead to charges being reduced or dismissed if the prosecution loses key proof.
- Negotiated Cooperation
- Sometimes, your colleague or a relative wants to cooperate to protect themselves.
- We make sure you aren’t exposed to new charges or used as a bargaining chip.
- Multiple Defendants, Different Interests
- If your co-worker or family member faces charges too, we coordinate defenses carefully.
- We address potential conflicts so that everyone’s rights remain secure.
What to Avoid
Never ignore a subpoena that you get in the mail. If you ignore the subpoena, this can lead to contempt charges or obstruction of justice accusations. Don’t hide evidence, and don’t pressure anyone not to testify – this is a crime. If you hide the evidence, it can open you up to additional criminal liability. If you believe the subpoena is flawed, or too broad, let the Spodek Law Group attorneys determine whether there’s a valid legal basis to challenge it.
We Are Here 24/7 To Help You
At Spodek Law Group, our goal is to provide you the best possible legal representation at all stages of your case. We are available 24/7 because we know time is critical. During our risk-free consultation, you can ask us anything, regardless of how long the process takes. If you’re facing a federal subpoena, we can help you. Regardless of where your case is in the USA, or the situation you’re dealing with, or the stage of the case, we can help you. Our only objective is to get the case against you dismissed, or significantly diminished.