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Protecting Your Rights How to Handle a Subpoena Given by the State Grand Jury

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're 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. Schedule an appointment with our attorneys, call (888) 301-6004.

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