Grand Jury Subpoena

Grand Jury Subpoenas: Understanding the Process and Your Rights

What is a Grand Jury Subpoena?

A grand jury subpoena is a legal order issued by a grand jury to compel a person to appear and testify or produce documents. Grand juries are groups of citizens who are convened to investigate criminal activity and determine whether there is probable cause to believe a crime has been committed.

Subpoena Subject vs. Target

There are two main types of grand jury subpoenas: a witness subpoena and a target subpoena. A witness subpoena requires the recipient to appear and testify before the grand jury. A target subpoena, on the other hand, indicates that the recipient is a potential defendant in the investigation.

Witness Subpoena

A witness subpoena can be issued to any person who may have information relevant to the grand jury's investigation. The subpoena will typically include the date, time, and location of the grand jury proceeding, as well as a list of the documents that the witness is required to produce.

Target Subpoena

A target subpoena is issued to a person who is suspected of having committed a crime. The subpoena will typically include a list of the charges that are being investigated, as well as a request for the person to provide DNA or other physical evidence.

Department of Justice's Policy on Grand Jury Practice

The Department of Justice has a policy that governs the use of grand jury subpoenas. The policy includes the following requirements:

• The subpoena must be authorized by a federal prosecutor.
• The subpoena must be served on the recipient in a timely manner.
• The subpoena must be specific and clear about the information that is being sought.
• The recipient must be given a reasonable amount of time to comply with the subpoena.

What to Do if You Receive a Grand Jury Subpoena

If you receive a grand jury subpoena, it is important to contact an attorney immediately. An attorney can help you understand your rights and ensure that you comply with the subpoena in a way that protects your interests.

Conclusion

Grand jury subpoenas are a powerful investigative tool that can be used to gather evidence and testimony in criminal cases. If you receive a grand jury subpoena, it is important to understand your rights and to seek the advice of an attorney. By doing so, you can help to ensure that you are treated fairly during the grand jury process.