The law firm of Swift & McDonald represents individuals and businesses subpoenaed to appear before a grand jury, and during questioning by state and federal agencies, such as the FBI, ATF, military criminal investigative agencies, Drug Enforcement Agency (DEA), Treasury, Immigration and Customs Enforcement (ICE), and others. We advise clients regarding issues of self-incrimination, production of documents, and other privileges.
Federal and state grand juries begin the criminal justice process by investigating and evaluating alleged criminal activity. Grand juries can compel the testimony of witnesses (including victims), and the production of documents via a subpoena. While witnesses and targets of the grand jury are not entitled to have counsel present during questioning, securing the advice of counsel regarding one's rights and responsibilities is a critical step in protecting against future liability.
Beyond grand jury testimony, any person who is questioned by federal or state law enforcement officers incurs potential liability for both the substance and veracity of their answers. Under the Supreme Court's Miranda decision, law enforcement are only required to advise persons of this liability when an individual is in custody or under arrest.
Despite the absence of warnings, statements made to law enforcement and other government agencies have significant legal ramifications, and as such, any person being questioned a government agency is entitled to seek the assistance of counsel in answering questions. Swift & McDonald can help you protect yourself from exposure to liability as part of this process.
