What To Do If You Receive a State Grand Jury Subpoena?
If you have received a subpoena to testify or provide documentation for
any grand-jury proceeding it is important that you first consult with a
criminal defense lawyer before you respond. Although receiving a subpoena almost always
creates a legal obligation to respond in some fashion, how one chooses
to do so may make the difference between facing criminal charges or not.
If you have received a subpoena to testify or provide records in a state
grand jury proceeding, it is important that you consult with an attorney
before meeting with any investigators, giving any statements or testifying.
You have many important rights, including the right to legal counsel and
the right to remain silent.
The state grand jury is a tool of the Attorney General’s office to
investigate and bring formal criminal charges. Everything the grand jury
does is pertinent to a criminal investigation. They also do not investigate
minor offenses, but instead focus on serious felonies and major misdemeanors.
Another pitfall comes when people who have been subpoenaed choose to meet
with or talk with an investigator before they testify. Although everything
you say can and may be used against you, investigators are not required
to provide you with Miranda advisements prior to speaking to you on the
phone or an informal conversation.
The first things to know if you have received a subpoena is that you should
not discuss your receipt of the subpoena with anyone; especially anyone
that you feel could also be connected with the investigation. You also
should not agree to meet with or talk to any investigator unless and until
you are advised to do so by a criminal defense attorney.
You also have a right to have an
attorney accompany you to any grand jury proceeding, and to assist you with enforcing
your rights including your right to remain silent.
We are available to meet with individuals who have received a South Carolina
State Grand Jury subpoena, or who otherwise believe that they may be the
target of an investigation. To
schedule a confidential appointment with an attorney call 1-888-301-6004.