Grand Jury Subpoenas: What To Do
The stakes are high when responding to a grand jury subpoena. Ramifications of failing to comply with or failure to respond to a grand jury subpoena can have serious consequences, even jail time.
A subpoena is an order from a court or grand jury to either: appear to testify; or produce documents and things. Complying with a grand jury subpoena may be a complicated matter fraught with potential pitfalls. An attorney’s assistance may be essential in helping you comply while not disclosing privileged or immaterial documents.
If a subpoena calls for your testimony, your lawyer should advise you whether you should assert your 5th Amendment right to remain silent. Only your lawyer can advise you whether your testimony may result in criminal charges against you or tend to incriminate you. The agent or detective who brings you the subpoena may even encourage you to testify without contacting an attorney –but they are not working in your interests and cannot give you legal advice.
If a subpoena requests documents or things, your lawyer should advise you as to which documents are covered by the terms of the subpoena and help you prepare them for delivery to the government. You attorney can, at the same time, assert all proper privileges, such as the attorney-client privilege.
If you are inclined to refuse to comply with a grand jury subpoena, it must be argued in court as to why you do not have to comply. If you refuse compliance altogether, you might be held in contempt of court.
It is Important to Comply With a Subpoena
When you have been taken by surprise and served papers requiring your response to a grand jury subpoena, it is important to have a skilled attorney on your side who takes it seriously and has a thorough knowledge of grand jury subpoena practice.
Contact Green & Willstatter for experienced legal advice and competent counsel.
We handle all aspects of Criminal Defense in state and federal courts, and advise clients as to all issues that may arise when responding to a federal grand jury subpoena for a federal grand jury investigation.
Professional, Discreet New York Criminal Defense Attorneys
At Green & Willstatter, each attorney has more than 30 years of experience defending the rights of individuals who have been arrested and/or charged with a New York State or Federal criminal offense.
Contact us for assistance and to speak with a New York State grand jury subpoena attorney with the respected skills, experience, and resources it takes to know how to respond to a grand jury subpoena.