Free Consultations & We're Available 24/7

Call for a free consultation

212-300-5196

FEDERAL CRIMINAL LAWYERS

✓Nationwide Service. A+ Results.
✓Over 50 Years of Experience
✓Available 24/7
✓We Get Cases Dismissed

Talk To An Attorney

Service Oriented Law Firm

WE'RE A BOUTIQUE LAW FIRM.

Over 50 Years Experience

TRUST 50 YEARS OF EXPERIENCE.

Multiple Offices

WE SERVICE CLIENTS NATIONWIDE.

NJ CRIMINAL DEFENSE ATTORNEYS

  • We offer payment plans, unlike other law firms, in order to make it so you can afford our services.
  • 99% of the criminal defense cases we handle end up with a better outcome.
  • We have over 50 years of experience handling criminal defense cases successfully.

99% Of Cases We Handle
End With a Better Outcome

View more case results







What Is A Federal Subpoena

What Is A Federal Subpoena

You received a federal subpoena and you’re wondering what it means, whether you’re in legal trouble, and whether you must comply. A federal subpoena is a legal command compelling you to provide testimony, documents, or other evidence in federal proceedings – criminal grand juries, criminal trials, civil lawsuits, or administrative investigations. Subpoenas are issued by courts, grand juries, prosecutors, or attorneys in federal cases, and have the force of law. Ignoring a federal subpoena is contempt of court, which can result in fines, arrest warrants, and imprisonment until you comply. Subpoenas come in different types: subpoena ad testificandum commands you to appear and testify, subpoena duces tecum commands you to produce documents and tangible evidence, and trial subpoenas command witnesses to testify at trial.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended clients facing federal subpoenas for many, many years. We’ve represented witnesses subpoenaed before grand juries, companies served with document subpoenas by prosecutors, targets whose records were subpoenaed by investigators. Receiving federal subpoena doesn’t necessarily mean you’re in trouble – you might be witness with information relevant to investigations. But responding to subpoenas requires legal analysis to protect your interests, assert applicable privileges, and avoid unintentionally creating criminal liability.

Types of Federal Subpoenas

Grand jury subpoenas are issued in connection with federal grand jury investigations. Prosecutors present potential criminal cases to grand juries, and grand juries issue subpoenas commanding witnesses to testify or produce documents. These subpoenas are incredibly broad – prosecutors can subpoena virtually any evidence remotely relevant to investigations. Grand jury subpoena recipients often don’t know they’re under investigation, don’t know what crimes are being investigated, and don’t know whether they’re targets, subjects, or merely witnesses. Trial subpoenas command witnesses to appear and testify at criminal or civil trials. These are issued after charges are filed or lawsuits are filed. Trial subpoenas typically specify date, time, and location of testimony.

Administrative subpoenas are issued by federal agencies conducting investigations – SEC, IRS, FBI, DEA, and others have statutory authority to issue administrative subpoenas without judicial approval. These subpoenas typically demand documents and records rather than testimony. Rule 45 subpoenas are issued in federal civil litigation by attorneys commanding non-parties to produce documents or testify at depositions. Material witness warrants are not technically subpoenas but serve similar function – federal courts can order detention of material witnesses who have critical information and are flight risks to ensure their availability for testimony.

Must You Comply With Federal Subpoenas

Yes – federal subpoenas are legal commands backed by courts’ contempt power. If you ignore subpoena, fail to appear, or refuse to comply, the issuing court can hold you in contempt. Civil contempt involves coercive sanctions – typically imprisonment until you agree to comply with subpoena. Criminal contempt involves punitive sanctions – fines and imprisonment as punishment for defying court order. Courts take subpoena compliance seriously because the legal system depends on witnesses and evidence. “I don’t want to” or “it’s inconvenient” are not valid excuses.

However, compliance doesn’t mean unlimited cooperation. You can challenge subpoenas through motions to quash or modify, you can assert legal privileges (Fifth Amendment, attorney-client privilege, etc.) to avoid answering specific questions or producing certain documents, and you can negotiate with prosecutors or attorneys about scope and timing of compliance. Complete non-response is contempt, but informed strategic response through experienced counsel can protect your rights while satisfying legal obligations.

When You Can Challenge Federal Subpoenas

Motions to quash or modify subpoenas can be filed on various grounds: subpoena is unreasonably oppressive or burdensome given scope of requested materials and compliance costs, subpoena seeks privileged information protected by attorney-client privilege or other recognized privileges, subpoena seeks irrelevant information not reasonably related to the investigation or case, subpoena was issued for improper purposes (harassment, to impose costs on adversaries, to conduct fishing expeditions), or compliance would violate constitutional rights. District judges hear these motions before compliance deadlines.

These motions are difficult to win because courts give prosecutors and litigants broad discovery rights. Relevance standards are low – information only needs to be “reasonably relevant” to be subject to subpoena. Burdensomeness requires showing truly oppressive compliance costs, not just inconvenience. Privilege claims require specific showing that each document or testimony is privileged – blanket assertions won’t work. As practical matter, negotiating with subpoena issuers to narrow scope, extend deadlines, or reach agreements about compliance is often more effective than formal motions to quash.

Fifth Amendment and Federal Subpoenas

If subpoena commands you to testify and your truthful testimony would incriminate you in potential criminal conduct, you can invoke Fifth Amendment privilege against self-incrimination. This allows you to refuse to answer specific questions that would incriminate you. You must still appear at grand jury or deposition, but you can invoke privilege for each incriminating question. You cannot make blanket refusal to testify – you must evaluate each question individually. Your attorney can advise you outside the grand jury room or during deposition breaks about which questions invoke Fifth Amendment concerns.

If prosecutors or courts grant you immunity, you lose your Fifth Amendment privilege and can be compelled to testify. Use immunity prevents government from using your testimony or any evidence derived from it against you in criminal prosecution. Transactional immunity prevents prosecution entirely for conduct related to your testimony. If you refuse to testify after receiving immunity, you can be jailed for civil contempt until you comply. Fifth Amendment doesn’t apply to document subpoenas demanding business records – the act of producing documents can sometimes be privileged under “act of production” doctrine, but the documents themselves aren’t protected by Fifth Amendment.

Attorney-Client Privilege and Other Privileges

Attorney-client privilege protects confidential communications between clients and attorneys for purpose of obtaining or providing legal advice. If subpoena seeks privileged communications, you can refuse to produce them or testify about them. The privilege belongs to client, not attorney – clients can waive it but attorneys cannot. Privilege is narrow: it covers legal advice but not business advice, covers confidential communications but not facts that happen to be discussed with lawyers, and doesn’t cover communications made to further crimes or frauds (crime-fraud exception). To assert privilege, you typically must produce privilege log identifying withheld documents and explaining basis for privilege claim.

Work product doctrine protects materials prepared in anticipation of litigation – attorneys’ mental impressions, legal theories, and trial preparation materials. Spousal privilege allows spouses to refuse to testify about confidential marital communications in some circumstances. Clergy-penitent, doctor-patient, and psychotherapist-patient privileges protect certain communications in limited circumstances. Fifth Amendment protects against self-incrimination. Trade secret protections and other recognized privileges may apply in specific situations. Successfully asserting privileges requires identifying which specific questions or documents are privileged and explaining legal basis – courts won’t accept blanket claims.

Document Subpoenas and Production Requirements

Subpoenas duces tecum demand production of documents, electronically stored information, tangible objects, or premises for inspection. These subpoenas must describe demanded materials with reasonable particularity – they cannot be unlimited fishing expeditions. Compliance requires good faith efforts to locate and produce responsive materials. You must conduct reasonable searches of files, computers, and storage. Spoliation – destroying or concealing subpoenaed materials – is obstruction of justice carrying serious criminal penalties. Even destroying documents before receiving subpoena can be obstruction if you knew investigation was likely and destroyed materials to impede it.

Document production requires producing materials in forms requested (native electronic formats, printed copies, etc.) and typically requires certification that production is complete and accurate. You can object to document subpoenas on grounds they’re overbroad, unduly burdensome, seek privileged materials, or seek irrelevant information. Objections must be specific – general objections are insufficient. If you object, you must still produce non-privileged responsive documents and provide privilege log for withheld privileged documents. Courts can compel production of objected-to materials if objections aren’t valid.

What Happens After You Receive Subpoena

Immediately consult experienced federal attorney to evaluate subpoena and determine appropriate response. Determine whether you’re target, subject, or witness in underlying investigation or case – this affects how you should respond. Preserve all potentially relevant materials – do not destroy documents or delete electronic information. Assess what privileges may apply to testimony or documents subpoena seeks. Evaluate whether to move to quash or modify subpoena versus negotiating with issuer. If you decide to comply, prepare for testimony by reviewing facts, understanding legal issues, and strategizing about how to answer questions accurately without volunteering harmful information. For document subpoenas, conduct thorough search for responsive materials, review documents for privilege, and prepare privilege log.

If you testify, remember that false statements to federal grand juries or in federal proceedings constitute perjury under 18 U.S.C. § 1621 and false declarations under § 1623, carrying up to five years imprisonment. If you’re unsure about answers, say “I don’t know” or “I don’t remember” rather than guessing. You can correct misstatements if you realize you gave wrong answer. Don’t volunteer information beyond what questions ask. For document productions, maintain copies of everything you produce in case disputes arise later about what was produced. Document your search efforts and compliance in case you need to demonstrate good faith efforts.

Todd Spodek has advised clients responding to federal subpoenas throughout his career – grand jury subpoenas, trial subpoenas, administrative subpoenas. When you receive federal subpoena, call 212-300-5196 for counsel about how to respond.

Request Free Consultation

Videos

Newspaper articles

Testimonial

Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.

- ROBIN, GUN CHARGES ROBIN

Get Free Advice About Your Case

Spodek Law Group

The Woolworth Building, New York, NY 10279

Phone

212-300-5196

Fax

212-300-6371

Spodek Law Group

35-37 36th St, Astoria, NY 11106

Phone

212-300-5196

Fax

212-300-6371

Spodek Law Group

195 Montague St., Brooklyn, NY 11201

Phone

212-300-5196

Fax

212-300-6371

Follow us on
Call Now