Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What is a Grand Jury Subpoena and How Does it Differ From Other Subpoenas?

Author: Scarinci Hollenbeck, LLC

Date: April 18, 2023

Key Contacts

Back

A grand jury subpoena differs from other subpoenas for the very reason that it’s issued by a grand jury—a group of citizens charged with investigating potential criminal activity. Grand juries issue subpoenas to obtain evidence or testimony that will assist them with their investigations.

Unlike other subpoenas, a grand jury subpoena is served in secret. Because grand jury subpoenas are presented by prosecutors in a criminal investigation, recipients cannot refuse to comply. Here is everything you should know about a grand jury subpoena and what you should do if you receive one.

What is a Grand Jury Subpoena?

Grand jury subpoenas are subpoenas to gather evidence during a criminal investigation. Grand jury subpoenas are classified into subpoenas ad testificandum and subpoenas duces tecum.

  • Subpoena ad testificandum or Witness Subpoena – This subpoena requires a person or entity through its designated representative, to testify before a grand jury.
  • Subpoena duces tecum or Subpoena for the Production of Documents – This subpoena requires the production of documents relevant to a case.

If you’ve been served with a grand jury subpoena, it means the government believes you have information relevant to a federal criminal case. It’s vital that you understand your rights and obligations after being subpoenaed. Consider retaining a skilled federal criminal defense lawyer to provide you with personalized legal counsel and to advocate on your behalf.

Can You Challenge a Grand Jury Subpoena?

The overarching reason a person or entity is served with a grand jury subpoena is that they have pertinent evidence related to a lawsuit. Unfortunately, it’s difficult to know if you’re the criminal suspect or only required to give information relevant to a case.

It can also prove challenging to obtain information about the nature of the subpoena from the prosecutor’s office. If you’ve been subpoenaed, consult an experienced criminal defense lawyer. They can communicate with the prosecutor’s office and may be able to obtain information about the investigation.

Non-compliance with a grand jury subpoena can also result in contempt of court charges. But, grounds to dispute a grand jury subpoena exist, for example, if it was improperly served or if:

  • The information requested would infringe on your Fifth Amendment rights.
  • The petitioned documents are irrelevant to the case or privileged information.
  • Compliance would cause unjustified embarrassment or undue burden at your expense.

To challenge a subpoena, recipients may file a motion to quash it or object to specifically requested documents. 

Hire Professional Criminal Defense Lawyers from Scarinci Hollenbeck, LLC for Legal Representation

Failing or refusing to respond to a grand jury subpoena is a serious matter chargeable with contempt of court crime. Non-compliance without valid legal reasons may cause you to be subject to fines, monetary sanctions, imprisonment, or an order to pay attorney fees. Should your subpoena call for the production of privileged information, our attorneys may attempt to quash it.

Contact the Scarinci Hollenbeck, LLC today and speak to one of our Government Investigation Lawyers for a free initial consultation to enable you to determine the best course of action for your unique circumstances.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!