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
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

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.

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

Please select a category(s) below: