Grand Jury Subpoena

Grand Jury Subpoena

If you receive a grand jury subpoena because you are the subject of an investigation, it is important to know that you still have the same constitutional rights as someone who has been accused of a crime outside of the grand jury. Prosecutors are not required to tell you if you are the subject of the investigation or merely a witness, so hiring an experienced attorney is essential. Whether you are the target or simply a witness you have the right to remain silent and, in Oklahoma, you have the right to counsel.

The federal and state systems are unique, and your choice of counsel is important because counsel must know the intricacies of the grand jury conducting the investigation in order to advise you properly. In Oklahoma, you have the right to have your attorney with you in the grand jury room while you testify or while you invoke your right to silence. In the federal court system, you have the right to have your attorney right outside of the grand jury room so that you can ask questions of your attorney.

Two things are necessary for successful representation in these matters. First, a clear understanding of what the client’s potential liability is. In Department of Justice investigations, this is fairly easy to determine either upon correspondence or investigation. In the Oklahoma Multi-County Grand Jury system where abuses are common, individuals who are not targets, are “subjects,” therefore, it is best to assume that one is a target and prepare accordingly. Although there are abuses in the Federal Grand Jury system, they are more likely to occur in the State Multi-County Grand Jury system and no one should appear before either body without having retained an attorney and discussed the case in full detail.

Stephen Jones has litigated the validity of subpoenas in these proceedings at least two dozen times. Stephen Jones is knowledgeable in how to challenge or defend the Grand Jury selection, navigate new Grand Jury statute rules and ethical standards, protect or challenge the secrecy of the Grand Jury proceedings, choosing whether or not a client should testify, defense of possible contempt charges, questioning without counsel present, and issues concerning family, friends or associates who may be involved in the investigation. Stephen Jones is familiar with Grand Jury matters from initial client-attorney contact through post-contempt remedies and appeals.

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