Indianapolis Criminal Defense Lawyers

Grand Jury Subpoenas

The primary service of a grand jury is to review evidence presented in a criminal trial to determine if the charges are probable. A grand jury has the ability to seek a court order to subpoena evidence for a case. The word subpoena translates as “subject to sanction,” which means the person or corporation who receives the subpoena is ordered by a court of law to comply with the terms described in the subpoena.

There are two kinds of grand jury subpoenas that can be issued, and one orders a person to testify before a jury while the other orders certain evidence such as documents, test results, or tape recordings to be brought before the jury for examination.  After receiving a grand jury subpoena, you have three options:

1) You may comply with the terms of the subpoena.

2)  Convince the court that you shouldn’t have to comply with it.

3)  Refuse to comply and be held in contempt of court.

If you choose to comply with the grand jury subpoena, you must do everything the document tells you to do. If it states that you must testify before the jury on a given time and date, then you must do so. If it orders you to bring forth evidence to review, then you must bring the evidence. If you feel that you shouldn’t have to comply with the grand jury subpoena for any reason, then you may file a motion to quash the subpoena.  

If you receive a grand jury subpoena and refuse to comply with the orders, then the prosecutor, on behalf of the grand jury, will ask the court to hold you in civil contempt. Very few circumstances would allow you to refuse fulfilling court orders. Unless you have a very good reason, the court will approve the prosecutor’s request and you may be held in contempt of court.  Civil contempt is the court’s way of forcing you to do what the grand jury wants you to do. If you’re held in civil contempt, you will be locked up until you agree to obey the terms of the subpoena or until the grand jury’s term is over.

Contact an Indianapolis criminal defense attorney today to learn more information about grand jury subpoenas!