What is a Grand Jury Subpoena and How Does it Differ From Other Subpoenas?

Grand juries perform an essential service in the South Carolina criminal justice system. Before the state can charge a person with a serious crime, it must obtain an indictment from a grand jury in most cases. The grand jury will request and receive information on possible criminal activity as part of its deliberations.

A grand jury subpoena is issued to anyone with evidence or documents that might be useful to the grand jury’s investigation. Call William G. Yarborough, Attorney at Law, if you have received a grand jury subpoena and need assistance. Our firm provides high-level State Grand Jury Defense to our clients in Greenville and around the state, and we are available to meet to discuss a subpoena.

Grand Juries: An Overview

Most people are familiar with petit juries, which convene during a trial to determine if the defendant is guilty. But grand juries assemble before then. They are tasked with deciding if there is sufficient evidence that a defendant committed a crime to issue an indictment.

A local grand jury is made up of 18 people from a county. They come together to investigate potential crimes and to hear evidence presented by officers of the state. Grand jury proceedings are typically one-sided: the suspect does not present a defense. Only the state presents evidence of a possible crime. If the jury believes a person has committed a crime, they can issue an indictment.

A state grand jury is like the local version, but investigates and issues indictments for crimes that cross county lines. These are often large-scale criminal enterprises, such as state-wide fraudulent schemes. Our State Grand Jury Defense attorney can help anyone facing a subpoena from a state or local grand jury.

What Is a Grand Jury Subpoena?

Grand juries need to receive evidence of possible crimes to help them determine whether to issue an indictment. A grand jury subpoena is issued during the grand jury proceedings as part of the investigation.

There are two types of grand jury subpoenas:

• Subpoena ad testificandum. This subpoena requires a person to testify in front of the grand jury.
• Subpoena duces tecum. This subpoena requests that a person produce documents related to the case.

Because the grand jury meets in secret, the subpoenas it issues are also secret. If you receive one, this means the grand jury believes you have relevant evidence to offer, whether eyewitness testimony or documents in your possession.

Anyone served with a grand jury subpoena should quickly reach out to legal counsel. You have a right to a lawyer, even if you are just a witness. You cannot simply ignore the request, because you might be held in contempt and face various penalties. Reach out to a grand jury subpoena attorney to discuss your obligations.

Grand Jury Subpoenas versus Other Subpoenas

The main difference with a grand jury subpoena is that it is issued as part of grand jury proceedings. The evidence you submit will be received in secret by the grand jury as part of its investigation.

By contrast, criminal trials are public. If you are subpoenaed to testify at trial, then your testimony is usually a matter of public record. The documents you turn over are also part of the record in the case. Furthermore, the petit jury does not issue a subpoena. Either the state or the defendant will issue the subpoena on their behalf.

Nonetheless, grand jury subpoenas are similar in some ways to other subpoenas. A person who receives a subpoena can object on various grounds. Although grand juries have enormous power, their power is not unlimited.

There are certain grand jury subpoena requirements:

• Specificity. The subpoena should be specific about what information or evidence the person served should turn over. A judge can modify an overbroad subpoena.
• Relevancy. A subpoena should only request information relevant to the criminal investigation.
• Proper service. A subpoena must be served on the witness. Without service, a witness would not know they need to testify or produce documents. South Carolina law explains how to serve subpoenas and what to do if a witness is outside the state.

Fighting a Grand Jury Subpoena

Some people who receive a subpoena do not want to comply. Maybe the evidence in your possession is protected or privileged. You might fear that you’ll implicate yourself in a crime if you testify, or maybe the documents contain sensitive business information you don’t want to share.

There are certain reasons you can refuse to comply with a subpoena:

• You invoke your Fifth Amendment right against self-incrimination. If you testify, you might admit to a crime, so the Constitution gives you the right to refuse.
• The requested information or documents are privileged. For example, they could be privileged communications with legal counsel, which means you do not need to turn them over, or you can redact the privileged information.
• The document request is too broad or too expensive to comply with. This is a real problem when it comes to turning over digital evidence. Even small companies could have large amounts of data, which is expensive to collect and sift through.
• The evidence is not relevant. Some grand juries cast a wide net, which can sweep in people or documents without any real connection to the case.
• You were not properly served with the grand jury subpoena. Without proper service, you are not required to comply.

Before raising any of these defenses, meet with a grand jury subpoena attorney. We want to strengthen your argument for why the subpoena is overbroad or inappropriate. William Yarborough can attempt to quash the subpoena and relieve you of any obligation to comply.

Contact an Experienced Greenville, SC Criminal Defense Lawyer

Attorney Yarborough has handled complex criminal cases for several decades in South Carolina. He can immediately review any subpoena and help you understand your obligations. Where appropriate, he can file a motion to quash and explain to a judge why the grand jury subpoena is defective or inappropriate. If you need to testify or turn over documents, he can guide you through the process so your rights are protected. Contact our office to schedule a consultation with our legal team.