Grand Jury Investigation Defense Attorneys Miami

Overview

A federal grand jury subpoena is often the first indication that a business or individual is under criminal investigation. The grand jury process is secret and one-sided: the prosecutor controls what the grand jury sees, and the target has no right to present a defense, cross-examine witnesses, or even appear unless called. This asymmetry makes experienced legal representation at the earliest possible stage essential.

Our attorneys understand the grand jury process from both sides. Adam Fels coordinated grand jury investigations as an AUSA for thirteen years. Daniel Fridman served as Senior Counsel to the Deputy Attorney General overseeing health care fraud enforcement coordination. That institutional knowledge shapes how we advise clients from the moment a subpoena arrives.

Our Approach

The most important step after receiving a grand jury subpoena is a rapid and accurate assessment of your status (target, subject, or witness) and a decision about how to engage with prosecutors. We communicate directly with the investigating AUSA, evaluate the scope of the subpoena against legal authorities and privileges that may limit it, and build the documentary response in a way that protects our client's interests.

Frequently Asked Questions

If I receive a grand jury subpoena, does that mean I'm being charged?

Not necessarily. A subpoena can be issued to a target (someone prosecutors intend to charge), a subject (someone under investigation), or a witness (someone with relevant information but not under scrutiny). An attorney can communicate with prosecutors to assess your status, and craft responses that protect your interests.

Do I have to testify before a grand jury if I receive a subpoena?

If you receive a grand jury testimony subpoena, you generally must appear, but you have the right to invoke your Fifth Amendment privilege against self-incrimination for any question whose truthful answer could tend to incriminate you. If the government wants to compel your testimony, it can offer immunity. The decision about whether to testify, and under what circumstances, is among the most consequential in a criminal investigation.

Can my company's lawyer also represent me personally in a grand jury investigation?

Usually not, once your own conduct is at issue. Company counsel represents the organization; your conversations with them belong to the company, which can waive privilege and disclose them to the government if that serves the company's interests, for example to earn cooperation credit. If you are more than a peripheral witness, separate counsel is the norm, and companies frequently advance the cost.

What should we do before producing documents in response to a grand jury subpoena?

Several things, in order: impose a litigation hold so nothing responsive is altered or deleted; have counsel engage the prosecutor to clarify, and often narrow, the subpoena's scope and timeline; run a privilege review before anything leaves the building; and document the collection process so completeness can later be demonstrated. Producing carelessly creates two risks at once: waiving privilege, and, if documents are missed or destroyed, converting a document case into an obstruction case.