Federal Grand Jury & Target Letter Lawyer in South Carolina
What To Do If You Receive a Federal Subpoena, Target Letter, or Contact From Federal Agents or the United States Attorney’s Office.
Receiving a federal grand jury subpoena, a target letter, or contact from federal agents can be alarming and confusing. Many individuals and businesses in Charleston, and South Carolina in general, first learn they are involved in a federal investigation when a subpoena arrives, a letter is delivered, or agents request to speak with them. Sometimes they find out when people they know are interviewed, when they receive notice from a bank or internet service provider, or (even worse) when a search warrant is executed.
At this stage, you most likely have not been charged with anything. You may not even know what the investigation concerns; you may be just a witness. But the steps you take immediately after receiving a subpoena or target letter can significantly affect what happens next.
This page explains what these documents mean, how federal grand jury investigations work in South Carolina, and what you should do before responding.
What Is a Federal Grand Jury Subpoena?
A federal grand jury subpoena is a legal document requiring you to:
Produce documents or records, or
Appear to testify before a federal grand jury
Grand juries are used by federal prosecutors in the United States District Court for the District of South Carolina to investigate potential federal crimes and determine whether charges should be brought. There are four locations where federal grand juries sit in South Carolina: Charleston, Columbia, Florence, and Greenville. Columbia actually has two grand juries that meet there. The grand jury usually meets once per month in each of these locations. A subpoena requires the receiver (you) to either produce documents to the grand jury or appear and testify.
If you receive a grand jury subpoena, it may be that you only have information to provide and are not under investigation. Generally speaking, individuals or businesses fall into one of three categories:
A witness
A subject of the investigation
A target of the investigation
The subpoena itself does not always tell you which category you fall into. A witness is what it sounds like: a person who has information that may be relevant to an investigation but is not suspected of any wrongdoing. A subject is someone who may be involved in criminal activity, but it is not clear. A target is someone whom the government believes has been involved in criminal conduct. Generally, a target is being considered for federal charges. And these statuses can change. A witness can become a target, and a target can become a witness. Most individuals and businesses that are targets receive a target letter informing them of their status, rather than a subpoena.
What Is a Federal Target Letter?
A target letter is correspondence from the United States Attorney’s Office informing you that:
You are the target of a federal criminal investigation
A grand jury is investigating potential federal offenses involving you
You have the right to retain counsel
A target letter is a serious development. It typically means prosecutors believe they have substantial evidence and are considering bringing charges.
What Should You Do Immediately After Receiving a Subpoena or Target Letter?
Many people make critical mistakes at this stage because they do not understand how federal investigations work. They are not sure what to do after getting a federal subpoena. Or after getting a federal target letter.
You should not contact investigators yourself, attempt to explain your side of the story, provide documents without legal review, speak to agents without counsel present, or ignore the subpoena or delay responding, hoping that it will go away.
You should preserve all records and communications (especially the name of anyone who contacted you, any documents or letters you received, and any business cards), avoid discussing the matter with others, and consult a federal criminal defense attorney (not an attorney who practices criminal law, but one with experience with federal criminal law) immediately.
Early legal involvement can affect whether charges are brought and how the case develops.
How Federal Grand Jury Investigations Work in South Carolina
Federal investigations often begin months or even years before anyone is charged. By the time subpoenas are issued:
A case has been opened in the United States Attorney’s Office for the purpose of issuing grand jury subpoenas
A federal agent and federal prosecutor have decided there is a basis for initiating an investigation
Federal agents may have already gathered extensive records
Witnesses may have been interviewed
Financial, phone, or digital records may have been reviewed
Prosecutors may be fairly far along in the investigative process and preparing a case for indictment
Understanding when a grand jury subpoena is issued is critical to responding strategically rather than reactively. It is also a tremendous opportunity to resolve a case early, before criminal charges are decided.
Are You a Witness, Subject, or Target?
In federal investigations, individuals or businesses are generally divided into three groups:
Witness – may have information but not suspected of wrongdoing
Subject – conduct is within the scope of the investigation
Target – prosecutors believe you likely committed a federal offense
Determining which category you fall into is one of the first things a federal defense attorney works to clarify. This is usually done by contacting the federal investigator or prosecutor involved. Their contact information is usually contained in the signature block of the grand jury subpoena.
Why Early Representation Matters in Federal Investigations
Many federal cases are decided before charges are filed, when federal investigators and prosecutors use grand jury subpoenas and target letters.
A federal defense attorney experienced in federal grand jury matters can:
Communicate with prosecutors on your behalf
Determine your status in the investigation
Manage document production carefully
Prevent unnecessary statements or admissions
Engage in discussions that may prevent charges
Position yourself strategically if charges are likely
This stage is often where the most important defense work occurs.
Federal Grand Jury Matters in the District of South Carolina
Grand jury investigations affecting individuals and businesses in Charleston are handled in the United States District Court for the District of South Carolina. Grand juries in Charleston, Columbia, Greenville, and Florence all issue subpoenas and hear witnesses in those locations. The subpoenas are handled by federal agents, who deliver them on behalf of the grand jury with the approval of an Assistant United States Attorney (AUSA, or federal prosecutor). These investigations commonly involve federal agencies such as the FBI, IRS, DEA, ATF, HSI, and other task forces.
Understanding how these investigations are conducted locally, how prosecutors approach charging decisions, and how federal procedure works in this district is essential.
Speak With a Charleston Federal Grand Jury Defense Attorney
Nathan S. Williams is a Charleston-based attorney whose practice focuses exclusively on federal criminal defense, including representation of individuals and businesses involved in federal grand jury investigations, target letter matters, and pre-indictment representation in the District of South Carolina.
If you have received a federal subpoena, federal target letter, or contact from federal agents, a confidential consultation is available to help you understand your situation and determine the appropriate next steps. Contact a federal investigation lawyer and discuss your next steps and options.
Frequently Asked Questions
Does receiving a federal subpoena mean I will be charged?
Not necessarily. Many people who receive subpoenas are never charged. However, how you respond can affect whether charges are brought.
Should I talk to federal agents if they contact me?
You have the right to decline to speak with agents without counsel present. It is often advisable to speak with an attorney before any communication. Often, individuals are uncomfortable saying no to an interview request, since they think it will force the investigator to decide and that they will be charged. In that case, an individual can say they would like to consult an attorney before deciding to speak. Most agents will appreciate this, since experienced federal defense counsel can make the process go more smoothly for everyone involved.
How serious is a federal target letter?
A target letter is a strong indication that prosecutors believe they have significant evidence and are considering charges. They cannot be taken lightly. If you ignore a federal target letter, there is a high probability that you will be federally charged.
When should I hire a federal defense attorney or “target letter attorney”?
As soon as you receive a subpoena, target letter, or contact from federal investigators.
Confidential consultations are available. (843) 473-7000