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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Responding to a Grand Jury Subpoena

If you receive a federal grand jury subpoena, that means that you or someone you know or were affiliated with is the target of a federal criminal investigation by the Department of Justice. In order for someone to be indicted, the Fifth Amendment to the United States Constitution mandates the use of a grand jury for all capital and infamous crimes. In practice, all federal felonies must be indicted by a grand jury unless a defendant waives the right and instead pleads to a so-called “Information.”Grand juries consists of 16-23 individuals. The grand jury’s principal function is to determine if probable cause exists to secure an indictment. A grand jury does not decide if someone is actually guilty. All people indicted by a grand jury are considered innocent until they either plead guilty to the offense or are proven guilty beyond a reasonable doubt at trial.

What is a Grand Jury?

Federal grand juries in the United States are comprised of citizens who are chosen by the courts. The process of choosing a grand jury is somewhat similar to the process of picking a petit or trial jury. However, grand juries normally sits for an extended period of time and review numerous cases compared to a petit jury that sits for the duration of a single trial.Grand jury secrecy is important. Grand juries also have the power to issue a subpoena for documents and grand jury witness testimony that will help it evaluate the case. These subpoenas are issued at the request of the government. The subpoenaed materials are then returned to the grand jury in order to further its investigation.There are hundreds of grand juries throughout the United States. Some federal districts have more than one sitting at one time while smaller districts will employ only one. Grand juries meet on a schedule that is determined by the district in which it sits. Some may meet every two weeks or every month depending on the criminal case-load that exist in their particular district.

Witness, Subject, Target

A “target” is a person as to whom the prosecutor or the jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer‘s or employee‘s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.A “subject” of an investigation is a person whose conduct is within the scope of the grand jury‘s investigation. In terms of criminal exposure, a “subject” falls on the spectrum somewhere between a “target” and a “witness.” The prosecutor may believe a “subject” has engaged in criminal activity but does not have the corroborating evidence yet to label this individual as a “target.”A “witness” is an individual who may information that law enforcement believes might be relevant in a criminal investigation to help prove either the guilt or the innocence of another individual. The criminal exposure of a “witness” is low – the prosecutor generally believes a “witness” did not do anything wrong but has information to aid the pending investigation.

Indictment

Irrespective of status as grand jury witnesses, subjects, or targets, the end result of a grand jury‘s investigation is to end up with an indictment against a defendant or defendants. After all, it is the job of the grand jury to evaluate information to then decide against whom felony charges should be brought. Because an indictment is thus always the end goal of the process, anyone involved in the grand jury process must understand the danger of ending up being charged.

I encourage you to compare our experience, results, and team with any local or national firm. When you‘ve been defending clients for as long as we have, there’s no trick we haven’t seen, likely no tactics we haven’t countered and no strategy we haven’t circumvented many times before. If your reputation, livelihood, freedom, or career is at stake, call us today for a free consultation. We will help you clearly understand what your options are and the best path forward. Call now to confidentially discuss the details of your case: 212-300-5196.

Understanding Your Federal Grand Jury Subpoena

A federal grand jury subpoena is a formal request for testimony, documents, or both issued by a federal district court judge at the request of a federal prosecutor. Once the decision to empanel a grand jury has been made, you will need to take appropriate steps to preserve any responsive electronic or hard-copy documents within your possession or control.

  • Anticipate questions – Working with your attorney, you should seek to anticipate the questions that you are likely to be asked during the proceedings and make sure you are prepared to respond appropriately.
  • Strategize – Aside from preparing your answers, what is the best overall strategy for protecting yourself against criminal prosecution? When and how should you request to speak with your attorney during the proceedings? What other steps can you take (outside of the grand jury process) to mitigate your potential exposure? The more you strategize in advance, the better able you will be to protect yourself against undesirable consequences.

Strategies for Grand Jury Investigations

While some of our clients react shocked about being served a subpoena, other clients had reason to believe that one was coming. Clients who expected a subpoena were typically contacted by federal agents for interview requests before or were generally aware of a pending grand jury investigation, for example, because friends or business partners have already received a subpoena.

Christine Twomey
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
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
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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
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
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!
Anthony Williams
Anthony Williams
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.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
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.

Plan

The idea behind planning a grand jury subpoena is to put yourself into a position, in which you, if ordered to produce documents, will be able to produce “good” documents that show your “good” intent rather than being caught off guard. Depending on the industry you are in, you should make sure that your corporate paperwork has been checked by attorneys, that pertinent contracts are executed, and that your documentation overall leaves an impression of organization, sophistication, and persuasiveness. For example, if you run a healthcare business, it would behoove you to set up a corporate compliance program and to appoint compliance staff within your company in order to demonstrate your intent to comply with all laws. Similarly, if you have a business with multiple employees, always make sure that you have everyone‘s files and taxes and all accounting up to date.

Preserve

It is a really bad idea to think that the destruction or hiding or altering of requested documents is a viable option. In fact, the easiest and fastest way to get charged with a federal felony is tampering with evidence. Federal law is very clear that the lack of cooperation with a subpoena or a lack of document preservation will result in obstruction of justice charges. So, instead of wasting time with such illegal acts, you should pursue an active document preservation policy. Organize, prioritize, and categorize your business records. Make sure you inform your employees proactively and in writing about your company‘s policy to cooperate with the government. Show the government that you have, prior and in addition to the subpoena, collected, stored, and saved relevant documents yourself. This could go a really long way.

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