What should you do if you get a grand jury subpoena in New York?

If you have been served with a grand jury subpoena, the government believes you have pertinent information relevant to a criminal case. In some cases, you may receive this type of subpoena because you are the target of an investigation, the subject of an inquiry, or a witness in an investigation. Whatever the circumstances may be, you should comply with the subpoena. Failing to comply with a subpoena can result in severe penalties for contempt of the court. If you have been served with a grand jury subpoena, it is in your best interest to contact a seasoned Bergen County Criminal Defense Attorney as soon as possible who can advise you on how to proceed. 

What is a grand jury subpoena?

Firstly, a subpoena is an order issued by the court that requires a person or entity to appear before the court to testify as a witness or produce documents or other tangible objects about a particular case. A grand jury subpoena differs from other subpoenas because a judge or the prosecution does not issue them. Instead, a grand jury subpoena is issued by a grand jury, a group of impartial citizens empowered by law to investigate potential criminal activity, conduct legal proceedings, and determine whether criminal charges should be brought against a defendant. This type of subpoena is issued to obtain evidence or testimony that will assist in determining whether charges should be brought. Unfortunately, with this type of subpoena, you are not privileged to know whether you have any criminal liability or are just required to provide relevant information to a case.

Can I challenge it?

Under certain circumstances, you can challenge this type of subpoena by filing a motion. However, this is only the case if:

  • The subpoena was improperly served.
  • The information requested would infringe on your Fifth Amendment Rights.
  • The petitioned documents are irrelevant to the case.
  • The petitioned documents contain privileged information.
  • If you were to comply with the subpoena, it would cause unjustified embarrassment at your expense.

If you want to challenge a grand jury subpoena, you will require the legal assistance of an experienced attorney. They can attempt to quash the subpoena. However, it is of the utmost importance to comply with the terms of the order. Non-compliance can result in hefty fines, imprisonment, and other harsh penalties. To prevent these severe penalties and protect your rights, contact a determined Bergen County criminal defense attorney from The Law Office of Carl Spector. Our firm is committed to helping our clients take the proper steps to avoid criminal charges after being served a grand jury subpoena.