Search warrants are executed where the Government believes that evidence of criminal activity is likely to be found at the premises to be searched. A search warrant must be supported by “probable cause” and must be issued by a judge or magistrate judge based upon his or her determination that probable cause exists. Our firm has represented numerous individuals and businesses following the execution of a search warrant. The mere fact that a search warrant has been issued does not mean that an individual will be charged with a crime. However, where a search warrant has been executed, it is helpful to obtain experienced counsel to interface with the prosecutor and agents, and to gather and present all exculpatory evidence before a charging decision is made.
Grand jury subpoenas are issued in connection with federal investigations of potential criminal conduct violating federal law. Our firm has represented numerous individuals who have received a federal grand jury subpoena. These subpoenas may compel the production of documents, testimony before a federal grand jury, or both documents and testimony. Subpoenas may be issued to targets of an investigation, witnesses or subjects (a person whose status the Government has not yet determined). It is extremely important that individuals properly comply with these subpoenas, including producing all responsive documents. Failure to properly comply with a grand jury subpoena could result in charges of obstruction of justice. In some instances where testimony is compelled, it may be possible to work out with prosecutors an interview in lieu of testimony, or avoid testifying altogether.