If you have been served a grand jury subpoena, you must take this seriously. This type of subpoena indicates that the government has credible suspicion that you possess pertinent information about a criminal case. Those who receive grand jury subpoenas often panic as they believe they are the target of an investigation. However, being served with this subpoena could mean you are a witness in the investigation. Whatever the case, it is critical to comply with the subpoena to avoid severe penalties. If you fail to comply with a grand jury subpoena, you could face significant repercussions for being in contempt of the court. If you have been served with a grand jury subpoena, keep reading and contact our competent Nassau County Criminal Defense Attorneys, who can advise you on the best way to proceed to avoid severe penalties.
What is a grand jury subpoena in New York?
Firstly, a subpoena is an order issued by the court which typically requires an individual to appear before the court to testify in a particular case. A grand jury subpoena differs from other subpoenas. The main reason they differ is that grand juries issue this specific type of subpoena. A grand jury is a group of citizens empowered by law to investigate criminal activity in legal proceedings and determine whether criminal charges should be brought. These subpoenas help these impartial jurors obtain pertinent evidence or testimony that can help their criminal investigation. It is critical to note that grand jury subpoenas are split into two different categories:
- Subpoenas ad testificandum (Witness Subpoena): This type of subpoena requires an individual or entity to testify before a grand jury.
- Subpoena duces tecum (Production of Documents): This type of subpoena requires an individual or entity to provide documents relevant to a case.
Is it possible to challenge this type of subpoena?
Once you have acquired quality legal counsel, your attorney can help you file a motion to quash the subpoena or object to providing the court with certain documents. However, it can be pretty difficult to challenge this type of subpoena. Generally, you can only challenge a grand jury subpoena under the following circumstances:
- The subpoena was improperly served to you.
- The information that was requested would infringe on your Fifth Amendment rights.
- The petitioned documents are irrelevant to the case or contain privileged information.
- If you were to comply with the terms of the subpoena, it would cause unjustified and unreasonable embarrassment at your expense.
If you have been served a grand jury subpoena, it is in your immediate interest to retain the legal services of a skilled Nassau County criminal defense attorney from Grunwald & Seman, P.C. Our adept attorneys can help you understand your rights and obligations to ensure you avoid non-compliance which can result in contempt of court charges. Allow our legal team to advocate on your behalf today.
