Federal Subpoena Ad Testificandum

Understanding Your Federal Subpoena Ad Testificandum

A federal subpoena ad testificandum is a legal document that compels a person to testify as a witness in a legal proceeding, such as a trial, grand jury, deposition, or hearing. It’s issued by a court or an attorney to require someone to appear and provide testimony under oath. The term "ad testificandum" translates to "for the purpose of testifying," so the subpoena specifically mandates that the person testify, as opposed to producing documents or other evidence.

In the federal context, most individuals receive a federal subpoena ad testificandum issued by a grand jury which is investigating a criminal matter. While the subpoena is technically issued by the federal grand jury, it is commonly served on a person by a federal agent (FBI) who is acting on behalf of an assistant United States Attorney who is in charge of the grand jury presentation.

As all criminal investigations differ, so do the contents of a specific subpoena. That said, a Subpoena Ad Testificandum will include language which alerts the party as to the potential substance of the testimony requested and should provide parameters as to what information is being sought.

Why Did You Receive a Federal Subpoena Ad Testificandum

Receiving a federal grand jury subpoena ad testificandum means that you have been identified as someone having material information to provide to a grand jury through testimony. 

Grand juries are convened to investigate potential criminal conduct, and they review evidence and hear testimony to decide whether charges should be brought against someone.

If you received this kind of subpoena, it's likely because the grand jury is investigating a case, and they believe your testimony is important for their inquiry. The subpoena is compelling you to appear and testify about what you know or what you've observed related to the investigation.

It's important to note that you may not necessarily be a target of the investigation – sometimes individuals are subpoenaed simply because they have information that could help clarify aspects of the case. The person may be a subject in that they have material and unique testimony to provide. On the other hand, the person may be a witness or even a victim as it relates to the criminal investigation.

Here’s What to Do If You Receive a Federal Subpoena Ad Testificandum

If you are on the receiving end of this subpoena, do not simply ignore it, as this will result in contempt charges which carry jail time or a fine. Similarly, do not simply show up at the proposed grand jury time and provide testimony without guidance or preparation. 

Instead, the most crucial thing you should do is consult with and hire a federal defense attorney. While you may only be a witness to the investigation, a federal lawyer can guide you in the subpoena process and can even structure it where you may not have to testify at all. Moreover, even if you are only a witness, providing testimony without preparation could easily lead to criminal exposure or perjury charges without you even realizing it. 

Of course, if you are a subject or a target of a grand jury investigation, having a federal criminal defense attorney is even more imperative, as you may already be in the government’s crosshairs for potential criminal charges.  A thorough and experienced attorney can work to convince prosecutors to grant immunity or provide a non-prosecution agreement.

Your Legal Rights & Options

You may not simply ignore a federal grand jury subpoena ad testificandum.

However, your lawyer can exercise certain strategies on your behalf.  This includes challenging the subpoena with a motion to quash or working to persuade prosecutors that the subpoena is simply too broad or vague. With this latter approach, a federal defense lawyer can narrow and tailor down the scope of the subpoena, as well as delay the testimony until the client is comfortable that there is no chance of criminal exposure. 

If you do ignore a federal grand jury subpoena ad testificandum, contempt charges may follow. This could result in jail time or a significant fine. 

Criminal Defense Strategy for a Federal Grand Jury Subpoena Ad Testificandum

A strategic and creative defense attorney will ultimately look to have their client satisfy the government’s subpoena without opening up any sort of criminal liability. Each investigation is different.

That said, oftentimes, careful federal defense lawyers can set up attorney proffers with prosecutors or even a proffer with the client and agents to provide the information in order to complete their portion of the investigation. It is imperative that a federal defense attorney, at this stage, fully understand the facts and does not provide any testimony or proffered information which is privileged, confidential, or incriminating. 

Your Defense Begins Today

If you are on the receiving end of a federal grand jury subpoena ad testificandum, do not try to talk your way out of it without counsel. Do not ignore the subpoena and in turn face criminal contempt charges. Instead, hire an experienced federal defense lawyer to thoroughly and carefully guide this process.Contact the Law Offices of Jason Goldman today.