Texas Grand Jury Subpoena Defense Attorneys
Highly-Experienced Federal Defense Lawyers with Offices in Dallas and Houston, TX
Texas Federal Grand Jury Subpoena
Criminal Defense Team Lead
Contact Nick440 Louisiana St #200
Houston, TX 77002
713-597-3388
Oberheiden, P.C. is a team of former prosecutors with the U.S. Department of Justice (DOJ), former U.S. Attorneys, and federal defense lawyers with experience in high profile criminal cases. Our firm provides legal counsel for clients served with federal grand jury subpoenas. Responding to subpoenas requires precision and knowledge of the federal criminal justice system. Those failing to protect themselves could face indictment and criminal prosecution. But, those who engage expert defense counsel may be able to avoid a negative outcome entirely.
About Oberheiden, P.C.’s Federal Grand Jury Defense Lawyers
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Our defense lawyers offer impressive legal experience in federal matters. We have collectively handled more than 2,000 federal grand jury proceedings across the United States. Led by founding attorney Dr. Nick Oberheiden, our team consists only of senior attorneys. Many worked for the federal government prior to entering private practice. This includes:
- The Honorable S. Amanda Marshall, former U.S. Attorney
- Richard T. Simmons, Jr., former Criminal Division Chief of the U.S. Attorney’s Office
These prosecutors, along with the firm’s senior defense attorneys, represent in and out-of-state clients facing grand jury proceedings in Texas. We also serve Texas-based clients subpoenaed to appear before grand juries in other federal districts. Meet our team of highly-experienced federal defense lawyers.
Texas Defense Counsel for Federal Grand Jury Subpoenas
If you are served with a federal grand jury subpoena, the clock is ticking. You have a limited amount of time to prepare, and there is a lot to do in a short amount of time. First, we’ll determine if you have grounds to challenge the subpoena. Then, you must prepare your testimony. If you received a grand jury subpoena duces tecum, document production must start. Consult with experienced federal defense counsel to prevent exposure to federal prosecution.
At Oberheiden, P.C., we provide full-service legal counsel for persons and corporations served with federal grand jury subpoenas in Texas and other states. Our services include:
- Challenging Grand Jury Subpoenas – The purpose of a federal grand jury is to determine if the U.S. Attorney’s Office has probable cause to file federal charges. A grand jury subpoena is a fact finding tool. Sometimes federal prosecutors overreach in the course of their work. If a grand jury subpoena:
-Is too broad,
-Requests information that is irrelevant or privileged,
-Requests information from someone who is not related to the government’s case, or
-Seeks to compel disclosure of information in violation of the recipient’s constitutional rights,
there are potential grounds to challenge the subpoena through a Motion to Quash filed in federal district court.
- Preparing Grand Jury Testimony – When requested oral testimony cannot be quashed, the recipient must prepare his or her statements. Relying on our experience of federal grand jury proceedings, we can anticipate the court’s questions. Next, we help prepare responses to satisfy your legal obligations without exposing you to an indictment. In grand jury proceedings, you cannot have your attorney in the courtroom. You can, however, request to speak with your attorney out of the grand jurors’ presence. You must be confident in your responses and know when and how to request to speak with your attorney.
- Preparing and Reviewing Document Production – If you received a grand jury subpoena duces tecum, it means that you must produce documents. The documents can be in place of or in addition to oral testimony. When submitting documents for such a subpoena, there are several potentially costly mistakes to avoid. These include:
-Producing self-incriminating records that were not requested, or that you are legally allowed to withhold under the “act-of-production” privilege,
-Producing documents that are protected by the attorney-client privilege, and
-Failing to produce responsive documents exposing you to charges for contempt.
- Negotiating with Federal Prosecutors – Along with a Motion to Quash, a strategy to avoid indictment may be negotiating with prosecutors. We have extensive experience negotiating with federal prosecutors out of court. Negotiations are an important part of our federal criminal defense strategy. By convincing prosecutors there is no case, we help numerous clients avoid civil and criminal penalties.
- Courthouse Representation – During federal grand jury proceedings, you will not have legal counsel present. However, your attorney can be present in the courthouse. And, you can request to speak with your attorney when necessary. Along with preparing you to testify, we will advise you when and how to request to speak with us during proceedings.
- Post-Indictment Representation – If it’s not possible to avoid indictment, our defense team can represent you in upcoming proceedings. All of our lawyers have extensive trial experience, and we have handled thousands of cases in the U.S. District Courts in Texas and other federal districts around the country. While it may be necessary to take your case to trial, we provide aggressive representation during the pre-trial process. We have had significant success negotiating favorable plea deals and having cases dismissed post-indictment.
Served with a Federal Grand Jury Subpoena in Texas? Here are Your Next Steps
If you are served with a federal grand jury subpoena individually or in your capacity as a custodian of records, there are some key steps you need to take as soon as possible:
1. Determine Why You Have Been Subpoenaed
Why you have been subpoenaed is not always easy to discern. Federal grand jury subpoenas are often limited in the factual information disclosed. This leaves it up to the recipient to determine the nature of the summons. The subpoena may not tell you if you are a target or a witness. Along with relevant details, our attorneys can review your subpoena to know why you are asked to appear or provide documents in the case.
2. Preserve All Potentially-Relevant Documents and Electronic Files
When you receive a federal grand jury subpoena, you have a legal obligation to safeguard all potentially relevant documents and electronic files. This includes (but is not limited to) stopping any automatic or regularly scheduled deletion or destruction. Our attorneys can help you understand what must be preserved. And, we can show you the process for preservation.
3. Limit Communications Regarding the Investigation
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You may not be the only person to receive a subpoena. Any information you disclose to anyone other than your legal counsel could be used as evidence against you. To avoid this, it is important to limit your communications regarding the government’s activities. This also applies to your employees, if applicable. Our attorneys can assist you to assemble a response team. We can also help establish protocols and mechanisms to prevent potentially harmful disclosures.
4. Engage Experienced Federal Defense Counsel
In order to lessen your risk of indictment and federal criminal prosecution, the most important step you can take is to consult experienced federal defense counsel. Our attorneys are available to provide advice and assistance 24/7, and if necessary, we can take emergency action to protect you.
Frequently Asked Questions
What is a grand jury?
Federal prosecutors cannot bring felony charges against you until they convene a grand jury. The grand jury must return a true bill. This means it found there was probable cause to believe you committed the alleged offenses. A grand jury is a group of 16 to 23 citizens who listen to a federal prosecutor’s case in secret. This attempts to eliminate any possibility that the subject of the investigation destroys or hides evidence. If prosecutors are able to indict you, that means you are now formally charged with a crime. At this point, it is crucial to consult with a highly skilled Texas federal criminal defense attorney as soon as possible.
Do I need to respond to a grand jury subpoena?
While ignoring a grand jury subpoena is technically an option, it is generally not recommended. If you receive a grand jury subpoena, you are under court order to comply. Your failure to do so may result in an order of contempt. The response to a grand jury subpoena is important as it could frame the prosecutor’s overall strategy. The services of a Texas federal criminal defense attorney are critical in creating an approach to your response.
When should I speak with a Texas federal criminal defense attorney?
In a word–immediately. The nature of a federal investigation is that you won’t be aware of it until charges are filed. If you learn of an investigation before formally facing charges, take advantage by calling an attorney right away. Your attorney may be able to meet with prosecutors. Clarifying your lack of involvement or addressing their concerns could be very beneficial to your case. Even if charges look certain, the quicker your attorney begins to develop a defense plan, the better your chance of a good outcome.
Schedule a Free Initial Consultation at Oberheiden, P.C.
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Have you been served with a grand jury subpoena in Texas? Are you a Texas resident or business owner facing a grand jury subpoena in another state? If so, our highly-experienced federal defense attorneys can protect you. To speak with one of our attorneys about your grand jury subpoena in confidence, call 888-680-1745 or request a free initial consultation online now.
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