FAQ

A: If you’ve received a grand jury subpoena, you might be concerned about what it means and whether you have to testify. Generally, the grand jury is entitled to every person’s evidence. If you have evidence relevant to an investigation, the default rule is that you must testify and share what you know. However, there are exceptions, primarily based on privileges. The most important thing for grand jury purposes is the privilege against self-incrimination, protected by the Fifth Amendment. When someone invokes the Fifth, they are asserting this privilege. If your testimony could be used against you in a criminal prosecution, you have the right not to testify. This doesn‘t have to be a direct admission; it could be a piece of evidence that contributes to a case. Other privileges include marital privilege, protecting communications between spouses, and attorney-client privilege. Unless your information falls under a recognized privilege, you likely must answer the grand jury’s questions and provide the requested information.