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Top 7 Tips If You Receive a Federal Grand Jury Subpoena (And How a Federal Criminal Defense Attorney Can Help)

Home / Top 7 Tips If You Receive a Federal Grand Jury Subpoena (And How a Federal Criminal Defense Attorney Can Help)

This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.

by Karren Kenney / Last Updated: October 22, 2025

Receiving a federal grand jury subpoena can be frightening. It often means that the federal government is investigating a serious criminal matter — and you or your business may have information they want. Whether you are a witness, subject, or target, how you respond will have a major impact on your legal future.

Below, we break down the top 7 tips to follow if you receive a federal grand jury subpoena, along with answers to common questions and how a federal criminal defense attorney can guide you through this complex process.


1. Don’t Panic — But Take Immediate Action

A subpoena doesn’t necessarily mean you are accused of a crime, but it does require your immediate attention. Federal subpoenas are formal orders that must be obeyed.

Failure to comply can lead to contempt of court charges, fines, or even arrest. Never ignore a subpoena — instead, contact a qualified attorney as soon as you receive it.


2. Identify the Type of Subpoena You Received

There are two main types of federal grand jury subpoenas

  • Subpoena Ad Testificandum: Requires you to appear and testify before a grand jury.
  • Subpoena Duces Tecum: Orders you to produce documents, records, or other materials.

Your attorney will review the subpoena to determine its scope, validity, and deadlines, and ensure that any required information is produced lawfully and strategically.


3. Hire an Experienced Federal Criminal Defense Attorney

The most important step you can take is to hire a federal criminal defense lawyer immediately. Federal cases are handled by agencies like the FBI, DEA, IRS, or DOJ, and the procedures are highly technical.

A skilled defense attorney can:

  • Determine your role — witness, subject, or target
  • Communicate directly with federal prosecutors
  • Evaluate potential risks or exposure
  • Protect your constitutional rights
  • Negotiate or limit the scope of the subpoena

Having a lawyer handle communications ensures you don’t make statements that could later be used against you.


4. Preserve All Relevant Evidence

Once you receive a subpoena, you are legally obligated to preserve all documents, files, and electronic data that may be relevant. Do not delete, alter, or destroy any records — doing so can result in obstruction of justice charges.

Your attorney can help coordinate a lawful evidence preservation plan and oversee compliance to ensure you stay within the law.


5. Review for Privileged or Sensitive Information

Many subpoenas request broad sets of documents that could include:

  • Attorney–client communications
  • Confidential business data
  • Privileged internal memos

Your lawyer will conduct a privilege review to ensure protected materials are not disclosed. This process prevents you from accidentally waiving attorney–client privilege or exposing sensitive business information.


6. Avoid Direct Contact With Federal Agents or Prosecutors

Never communicate directly with investigators or prosecutors listed on the subpoena.
Federal agents are trained to ask questions that may elicit incriminating statements, even unintentionally.

All communication should go through your attorney, who will handle inquiries, negotiate deadlines, and ensure your statements are legally safe and accurate.


7. Prepare Thoroughly for Testimony (If Required)

If you are required to testify before the grand jury, your attorney will prepare you by:

  • Explaining the process and rules of testimony
  • Reviewing the questions you may face
  • Advising on when and how to invoke your Fifth Amendment rights
  • Remaining available for consultation during breaks

While your attorney cannot enter the grand jury room, they will be your strategic partner outside the door, ensuring you are protected at every stage.


FAQs About Federal Grand Jury Subpoenas

1. What is a federal grand jury subpoena?

It’s a formal legal document requiring you to testify or produce evidence before a federal grand jury investigating potential criminal activity. It’s issued by the Department of Justice under federal court authority.

2. Am I in trouble if I receive one?

Not necessarily. You may be a witness (with relevant information), a subject (someone whose actions are under review), or a target (someone suspected of wrongdoing). Your attorney can clarify your status with prosecutors.

3. What happens if I ignore it?

Ignoring a subpoena can result in contempt of court, fines, or jail time. The safest approach is to immediately consult a federal defense lawyer and follow their guidance.

4. Can my lawyer negotiate with the government?

Yes. Your attorney can negotiate deadlines, narrow the scope, or request that certain documents be excluded due to privilege or irrelevance.

5. Can I refuse to testify?

You can invoke your Fifth Amendment right against self-incrimination under certain circumstances. Your lawyer will advise when this is appropriate and how to assert it correctly.


How a Federal Criminal Defense Attorney Protects You

An experienced federal criminal defense attorney provides more than legal advice — they offer protection, strategy, and peace of mind during an overwhelming process.

Your attorney will:

  1. Assess your exposure and determine if you are a witness, subject, or target.
  2. Handle all communication with the Department of Justice and federal agents.
  3. Conduct a privilege review to safeguard confidential information.
  4. Negotiate terms for compliance or extensions.
  5. Prepare you for testimony and ensure your rights are upheld.
  6. Build a long-term defense strategy in case charges are later filed.

Federal grand jury proceedings can be unpredictable, but with an experienced attorney’s guidance, you can navigate them strategically and safely.


Conclusion

A federal grand jury subpoena should never be taken lightly. The federal government’s investigative power is immense, and mistakes made early in the process can have lasting consequences.

By following these seven tips and working closely with an experienced federal criminal defense attorney, you can respond effectively, protect your rights, and minimize your risk.

If you’ve received a subpoena or believe you’re under federal investigation, contact Kenney Legal Defense at 855-505-5588 immediately. Early legal intervention is the key to protecting your future.

2900 Bristol Street, Suite C204, Costa Mesa, CA 92626
 
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Karren Kenney
Criminal Defense Lawyer
Karren Kenney, a dedicated criminal defense attorney, is renowned for her unwavering commitment to defending her clients' rights and freedom. Her impressive track record in the courtroom speaks volumes about her expertise. Exclusively practicing state and federal criminal defense, Karren approaches each case with diligence, persistence, passion, and strong principles. As an experienced and assertive trial attorney, she prioritizes thorough case preparation to ensure the best possible defense for those she represents.

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