So, you’ve been subpoenaed by a federal grand jury. If you’re like most people, this probably makes you feel a bit uneasy, but we urge you not to panic.
While it’s an intimidating proposition, panicking can lead to irrational decision making, and the Law Offices of Robert J. DeGroot is here to help you understand how to best deal with your federal grand jury subpoena.
What You Need To Understand About Being Subpoenaed by a Federal Grand Jury
First, understand that being subpoenaed does not mean that you’ve been accused of a crime.
While being accused of a crime is sometimes associated with a federal grand jury subpoena, these subpoenas are often requests for the provision of testimony, documents, or any other evidence that you might be able to share with federal authorities.
Federal grand juries exist to “investigate crimes against the United States and to preserve the constitutional right of grand jury indictment.”
While witnesses who have been subpoenaed are highly unlikely to avoid providing testimony, you do still hold your constitutional rights in this context, including your right to withhold self-incriminating information and attorney-client privilege confidentiality.
However, you are not entitled to have legal representation with you in the room while you testify. It is definitionally a secretive process, with limited attendees in the courtroom so that the grand jury and witnesses can more freely deliberate and disclose.
If you’ve been subpoenaed by a federal grand jury, you’ve likely received a specific type of subpoena, including:
- A subpoena to testify
- A subpoena to provide evidence, documents, or records
- A subpoena for all of the above
A subpoena, while not an accusation of a crime, is nonetheless serious business and should not be ignored. Read the subpoena carefully. You’ll be given a specific appearance date, along with clarification as to what you’re expected to deliver to the federal grand jury.
Your next most important step? Contacting a criminal defense attorney. While we can be present with you at your federal grand jury testimony, we can help you prepare for the event by evaluating the subpoena, provide recommendations on how to best organize materials or potential testimony, all while doing our best to limit your exposure as you navigate this process.
What NOT To Do When You’ve Been Subpoenaed by a Federal Grand Jury
While there are critical things you should do when you’re preparing to testify before a federal grand jury — like seeking counsel from a criminal defense attorney, for example — there are also some things that you absolutely should not do.
Here are some of the most important things you should not do if you’ve been subpoenaed:
Do not ignore the subpoena! Ignoring the subpoena could cause the court to hold you in contempt. This can lead to jail or fines, as well as a federal charge of contempt on your record.
Do not destroy evidence! The destruction, alteration, or attempts to hide evidence could potentially lead to actual criminal charges against you.
Be prepared to testify honestly! Give the federal grand jury your best recollection of the events you’re being questioned about. If you don’t clearly remember, then say so. Attempting to “fill in the blanks” can cause problems for you and others associated with the case.
Do not contact other witnesses! While you might think that “getting your stories straight” might lead to a stronger testimony, the federal grand jury won’t see it that way. While it is not necessarily illegal to speak with other witnesses, the federal prosecutor may have explicit instructions about witness-to-witness communications. Let your attorney advise you.
Do not proceed without preparing with your attorney first! We will help you understand how the federal grand jury process works, how to provide the best testimony, how to best deliver documents and communications, and how to do so without inadvertently incriminating yourself.
Remember: Being subpoenaed by a federal grand jury is serious, but it’s not necessarily an accusation of a crime.
Seeking the support and guidance of an experienced criminal defense attorney will help you face this responsibility head-on.
At the Law Offices of Robert J. DeGroot, we have over fifty years of experience in providing our clients informed recommendations, passionate defense, and the best possible outcomes for their unique situations.
If you’re in need of guidance related to a federal grand jury subpoena, we can help. Contact us today for your free initial consultation.
