Do You Need A Lawyer For A Federal Grand Jury Subpoena?
Why You Need an Attorney to Help You Respond Correctly to a Federal Grand Jury Subpoena
If you have been served with a federal grand jury subpoena, you may be stuck wondering if you need an attorney in this situation. That is a completely fair question, so let us explain three ways our attorneys can assist with a federal grand jury subpoena and develop a plan around it; They’re especially necessary because any indictments presented by a prosecutor will almost always lead to the grand jury indicting you. You won’t be able to bring your attorney into the room with you, as it is a closed door situation, but they can help explain the situation and devise a strategy; You should also know that you’ll be able to briefly confer
with them at any time, as long as it isn’t interfering with the process. We’ll also discuss the ramifications you can face if you handle a federal grand jury subpoena incorrectly.
The first thing our experienced attorneys can do is talk to you about the circumstances of the subpoena and what questions you’ll likely be asked while in the grand jury. They can also specify why there is a subpoena on your documents and will discuss what exactly in the in the documents is causing them to be subpoenaed. Our firm can also help you learn if there will be any privilege issues. If you want to learn more grand juries and the subpoenas they may serve, click here
It’s important to recognize that grand juries are not allowed to violate valid privileges and an attorney can help recognize which privileges a grand jury subpoena can access. For example, if you were a journalist and you had a source that provided you with information, the grand jury may not be able to move forward with the subpoena and it may be ended, as it wouldn’t be able to violate that valid privilege between a journalist and their source. Some other examples include private conversations with family and interactions between an attorney and a client. Our attorneys can determine when privilege issues like these arise and help you defend the privacy of everyone involved.
Another thing our attorneys can do is assist you in figuring out the status of the grand jury subpoena and when exactly you would have to respond to it. Our lawyers will help you understand why you’re present in the investigation and what your specific role is. They’ll also assist you in finding out what exactly is happening with the grand jury subpoena and if you’re actually needed in the situation, meaning they may be able to have you excluded from the process.
Lastly, our knowledgeable attorneys can help you learn about the specific logistics of the case. For instance, you’ll often have to produce specific documents for a grand jury subpoena, and our attorneys can make sure it is written and formatted correctly. Our attorneys will also focus on making sure both your, the prosecutor’s and the grand jury’s needs are completely met.
Having one of our experienced attorneys on your side means that you’ll be adding real value to the case. We can do things like assist you with scheduling issues and ease you through-out the entire process. You also can have your attorney discuss the situation with the prosecutor so you can have a full view of the situation. Our attorneys will also help you manage the assertion of your fifth amendment so you don’t accidentally incriminate yourself.
The Incorrect Handling of a Federal Grand Jury Subpoena Will Lead to Dire Consequences
If you don’t appear and/or incorrectly handle a federal grand jury subpoena, you could be facing possible ramifications. Specifically, these ramifications
could be a hefty fine or a federal contempt of the court of the charge. The contempt charge can be civil or criminal; If it’s just civil, the court usually orders a fine or a remedial function to correct the contempt, but in rare cases they will sentence jail time. A civil charge could also limit you in your rights during the subpoena. However, with a criminal charge, the court can issue a maximum sentence of two years in federal prison. These charges and their punishments can also depend on if the contempt was direct or indirect, which our attorneys can help distinguish.