If an Agent Knocks - Grand Juries & Grand Jury Resistance
What are Grand Juries and What Threats Do They Pose to Activists? (continued...) on other activists with threats of jail time if they refuse to cooperate with the grand jury. It is critical to understand how a grand jury works; what your rights are; what rights you cannot exercise; and how to resist a grand jury. Many rights we take for granted do not exist for grand jury witnesses. Grand jury witnesses have no right to be represented by an attorney and no right to a jury trial if they are threatened with jail. Grand jury witnesses do retain the right against self-incrimination but can nonetheless be forced to snitch on themselves and others in exchange for immunity from prosecution and punishment. Immunity only protects witnesses – others can still be prosecuted.
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What Should I Do If Someone Shows Up With a Grand Jury Subpoena? Grand jury subpoenas are served by law enforcement agents, usually police ofcers or federal marshals. A grand jury subpoena must be personally served on you, meaning, it must be handed to you. If you refuse to accept it, it must be placed near you. A grand jury subpoena does not give an agent the right to search a home, ofce, car or anywhere else, nor does it require you to relinquish any documents or say anything at that time. A grand jury subpoena is only requires you to do something on the future date stated on the subpoena. If an agent shows up and tries to serve you with a subpoena, take it and do not do anything else. Do not answer any questions; do not consent to a search; and do not invite them into your home for any reason.