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If you have received a federal grand jury subpoena, then you may be wondering what federal charges are pending against you or someone you know. The grand jury federal investigations process is a secretive and intimidating process that is largely led by a US attorney prosecutor, who has the sole goal of incriminating a particular person or group. Therefore, if you have a suspicion that you are being investigated by a federal agency, it is of urgent importance to get in touch with a Federal grand jury investigations lawyer.
At the Law Offices of Marc S. Nurik, our CA grand jury defense attorney team has long been representing clients facing federal crime charges ranging from conspiracy to theft, presenting relevant evidence, fighting to clear their records, and preventing their rights from being breached.
Although some federal agencies have almost unlimited resources to investigate and prosecute defendants, our Los Angeles legal team does not back down when it comes to the future of our clients. We can work one-on-one with you to develop an optimal defense plan.
A grand jury is a group of citizens who are chosen by the federal courts in the United States. A grand jury can stay for an extended period of time and hear multiple cases, while a petit jury, which is chosen on the local or state level, presides over only one case. Grand juries are considered to be secret, meaning that they happen behind closed doors.
A grand jury can subpoena certain witnesses to testify as well as to access certain documents in order to have proper context for a case evaluation. The government will issue the subpoenas on behalf of the grand jury, showing the resulting items to the grand jury in order to support their ongoing investigations.
In the United States, hundreds of grand juries exist, and depending on the federal district, there may be one or multiple grand juries sitting at one time. Each grand jury convenes based on a fixed schedule, which could be once a week or once a month, for example. The schedule is crafted based on the district caseload.
It is possible for grand juries to hear more than one case per day. In order to approve an indictment, the grand jury has to assert that there is probable cause that the stated crime was committed. If there is an indictment approved, then it is known as a True Bill, and a disapproved indictment is a No Bill. After an indictment is brought forward, the individual in question will officially face charges.
The U.S. Attorney is the leading prosecutor of a federal case in their district, and their office can utilize multiple strategies in order to carry out investigations against a suspected offender, one of which is the grand jury subpoena.
The grand jury subpoena is not issued by the grand jury; instead, it is issued by the U.S. Attorney’s Office, which has the authority to issue such subpoenas by bypassing approval from a judge. Grand jury subpoenas are split into two categories, which are a subpoena ad testificandum and a subpoena duces tecum.
The first category of grand jury subpoenas, a subpoena duces tecum, refers to the requirement of the delivery of tangible evidence to the grand jury for deliberation. The types of tangible evidence that can be brought forward through such a subpoena include bank documents, corporate records, financial documents, and medical and accounting records. Evidence such as videos, photos, voice messages, and recordings can also be considered category one subpoena evidence.
Subpoena ad testificandum is the second category of a grand jury subpoena, which occurs when a U.S. Attorney’s office subpoenas a witness to come to testify in front of the jurors. Individuals who receive a subpoena ad testificandum have a right to challenge the subpoena in court. If you have received a subpoena from the U.S. government, it is important to get in touch with a grand jury process criminal defense lawyer as soon as possible.
In instances when an individual receives a subpoena, whether it is a subpoena ad testificandum or a subpoena duces tecum, they are required to give a response. It’s important to note, though, that not all people who are issued a subpoena duces tecum will have to appear before the grand jury.
In many instances, it is sufficient for them to deliver the requested tangible evidence, such as documents, photos, or videos, to the U.S. Attorney’s Office. A grand jury subpoena cannot be ignored or refused, but it could be contested.
Individuals who are issued a grand jury subpoena can contest the order, and often, it is possible to work toward a compromise in which the subpoenaed party is required to hand over less evidence. It is also possible to file a motion that can challenge the subpoena in court, shutting it down. If the subpoena violates your rights or is irrelevant to the case, contesting it may be successful.
When it comes to fighting against a grand jury subpoena, there are a myriad of options and bases for contestation, including the right to avoid self-incrimination and other applicable constitutional protections. However, it is of utmost importance to inform a federal defense lawyer of the subpoena immediately so that they can take into account your case details and craft an optimal defense strategy.
If the prosecutor or jury has enough evidence to tie an individual to an alleged crime, then this individual is known as a “target.” According to the prosecutor, the target is a putative defendant. In addition to individuals, organizations can be targets as well.
If an individual is associated with or works for a target organization, they are not automatically considered to be a target, even if their actions directly or indirectly led to a specific crime carried out by the organization. This same rule also applies to target organizations that are no longer employing a person who may have contributed to the alleged crime in question.
In a Federal grand jury investigation, a “witness” is considered to be a person who could have potentially relevant information for an ongoing criminal investigation that could either incriminate the target or prove them to be innocent. While the prosecutor or jurors may believe that the witness has information that could help further the criminal investigation, they do not generally have reason to believe that the witness was involved in the crime.
A “subject,” on the other hand, is an individual who conducts actions that fall within the confines of the ongoing investigation. A subject is considered to be somewhere between a witness and a target in terms of suspicion that they have carried out criminal activity. They may be suspected of having committed a federal crime, but there might not be sufficient evidence available to prove it.
In Los Angeles, California, as with federal grand jury subpoenas across the United States, failing to respond to a subpoena can have grave consequences. A late, completely ignored, or partially prepared response can result in an unnecessarily negative outcome for the subpoenaed party.
For example, if the subpoenaed party does not take enough time to prepare a response and a presentation of documents or to prepare for witness testimony, then they could lose attorney-client privilege or disclose self-incriminating evidence. This could potentially lead to grounds for criminal prosecution.
It’s important to note that you are legally obligated to respond in some way to a grand jury subpoena. This can either involve challenging the motion for a subpoena in the federal courts or handing over the relevant evidence. In many cases, it is also possible to negotiate a partial handing over of evidence.
Therefore, even if you are thinking of complying with a subpoena and are sure that you have nothing to hide, it’s important to work closely with a Los Angeles grand jury investigation defense lawyer who can help you optimize your response for the legal proceedings to come. Don’t wait to contact a compassionate lawyer today who can help you understand the specifics of your subpoena and the potential implications it may have.
If you suspect that you are currently the subject of a federal investigation or if you fall within the investigation as a subject or witness, it is important to work with an experienced and knowledgeable federal criminal defense lawyer as soon as possible.
At the Law Offices of Marc S. Nurik, our passionate legal team can ensure that your rights are protected each step of the way, from grand jury processes to criminal trials. We can negotiate with prosecutors and represent your interests in court if necessary. Contact our experienced and qualified team today.
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