Grand jury subpoenas
If you were served with a grand jury subpoena, do not ignore it, and do not call the prosecutor or agent yourself. Call a criminal defense lawyer before the date on the subpoena. Whether it asks for your testimony, your records, or both, the way you respond can matter as much as what you have.
First steps
- Write down when and how you were served, and keep the subpoena and anything served with it.
- Call a criminal defense lawyer well before the date on the subpoena. Bring every page.
- Do not call the prosecutor or the agent yourself. Let your lawyer find out what the investigation is about and what your role in it is.
- Do not delete, change or throw away any document, message or file, and do not ask anyone else to.
- Do not talk about the subpoena with coworkers or others who may be witnesses, and do not post about it.
The subpoena tells you what it asks for: testimony, documents, or both, and by what date. Your lawyer reads it with you and handles the contact with the prosecutor.
Your rights in front of a grand jury
You have the right not to be a witness against yourself in a criminal case [1]. How and when to use that right in front of a grand jury is a decision to make only with a lawyer.
Federal court
A federal offense punishable by death or by more than one year in prison must be charged by grand jury indictment, unless the defendant waives it in open court [2] [3]. Under Justice Department policy, a "target" is a person the prosecutor or grand jury has substantial evidence linking to a crime and whom the prosecutor considers a putative defendant [4]. If you received a target letter instead of, or along with, a subpoena, read federal target letters.
New York
A person whose case is before a grand jury has a right to testify before it if the person serves written notice on the district attorney before an indictment is filed. When the person has been arraigned on a pending felony complaint, the district attorney must notify the person or the lawyer of the grand jury proceeding [5]. Testifying is a serious choice and should never be made without a lawyer's preparation.
Florida
An offense punishable by death must be prosecuted by indictment; other crimes may be charged by indictment or by information, a charge the prosecutor files [6].
Pennsylvania
Some Pennsylvania cases go to an indicting grand jury, and in those cases there is no preliminary hearing [7]. After an indictment, the district attorney files an information in the court of common pleas [8].
New Jersey
In New Jersey, as elsewhere, what a grand jury subpoena means for you depends on your role in the case. If you received a New Jersey grand jury subpoena, call before the date on it and bring every page.
What a lawyer does with a subpoena
- Contacts the prosecutor and asks what the investigation is about and whether you are seen as a witness or something more.
- Reviews the request and the documents with you before anything is handed over.
- Prepares you if you testify, and advises you on your rights in the grand jury room.
For what happens if charges follow, use What happens next or see the court pages for New York, Florida, Pennsylvania and federal court.
Common questions
Does a subpoena mean I am being charged?
Not by itself. Grand juries hear from many people who are never charged. A lawyer can ask the prosecutor what your role is before you respond.
Can I just send the documents and skip the lawyer?
Do not. What you hand over, how it is described, and what you say when you hand it over all matter. Have a lawyer review the subpoena and the documents first.
Sources
- U.S. Const. amend. V. Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 7(a)(1), (b); U.S. Const. amend. V. Current as of November 11, 2026. Official text
- U.S. Const. amend. V. Current as of November 11, 2026. Official text
- Justice Manual § 9-11.151 (updated Jan. 2020). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 190.50(5)(a) (rev. 2014-09-22). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.140(a). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 540(F). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 560(A) (amended 2018). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.