You are at home or at work, early in the morning or in the evening, and two federal agents show up at your door with a grand jury subpoena. What do you do and what is it about?

First, do not make any statements, do not talk with the agents about whatever it is they are seeking. Simply accept service of the subpoena, get their names and contact information, and let them know that your attorney will contact either them or the Assistant U.S. Attorney (AUSA) listed on the subpoena.

A federal grand jury subpoena can call for the production of records – emails, texts, documents, bank records, credit card records, tax records and the like. It can also call for the person’s attendance at the grand jury to give testimony under oath.

Subpoenas are issued to people that are under investigation or to those individuals that may have relevant information about someone under investigation. Thus, it is critical for the person served with a subpoena to retain experienced criminal defense counsel. First, counsel will contact the AUSA to determine whether you are a witness, subject or target of the investigation. A “witness” sounds exactly like what it means – someone the government believes has information relevant to its investigation of someone else. A “target” also sounds like what it means – the government believes that the person has committed one or more violations of federal law and is subject to potential prosecution. A “subject” is a broad category that the government believes may have exposure to criminal prosecution but does not yet have enough evidence to make that determination.

Other issues to be handled by experienced defense counsel will include reviewing the relevant documents called for by the subpoena to make sure there are no act of production and privilege issues in turning over the documents, and perhaps filing a motion to quash or modify the subpoena based on unreasonableness or oppressiveness, or some type of privilege.

The grand jury is used as an investigative tool to subpoena documents and people. A grand jury is made up of 16 to 23 individuals. The grand jury’s main function is to determine if probable cause exists to secure an indictment. A vote to indict only requires 12 or more grand jurors agreeing. A grand jury does not decide if someone is actually guilty. Those indicted by a grand jury are presumed innocent until they either plead guilty to the offense or are proven guilty beyond a reasonable doubt at trial.

Stahl Gasiorowski Criminal Defense Attorneys have represented hundreds of individuals and companies subpoenaed by federal and state authorities. We have the experience and skills to effectively navigate our clients through these complex issues and investigations to achieve the best possible outcome. To contact Mr. Stahl or Ms. Gasiorowski, call 908.301.9001 for the NJ office or 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com or Ms. Gasiowski at lkg@sgdefenselaw.com.

Around the country, a number of state and federal courts have started to use virtual grand juries to indict, and virtual juries for actual trials. If you are concerned that jurors involved in virtual processes may not represent a true cross section of the population, or that virtual hearings are inherently unfair, you are not alone.

To begin, attorneys representing clients charges with criminal violations are very concerned that virtual proceedings are indeed, inherently biased. First, with respect to the grand jury processes, potential grand jurors must have the necessary computer equipment, skills, and internet access to be “present” for remote presentations by the prosecutor while sitting at home. These kinds of technical requirements may eliminate a number of potentially qualified jurors simply because they lack a functioning computer, or do not live in an area with appropriate, reliable internet service.

Next, it is important to know that grand jury proceedings are held in secret. Therefore, the investigation, potential defendants, witnesses, exhibits and other information is highly confidential. How is a grand juror, in his or her own home perhaps with children or other family members in the home, expected to safeguard the information they receive during a remote presentation?

Finally, another significant question to consider is whether appearing remotely for grand jury proceedings allows proper flow of questions and deliberation on the proposed charges, or if doing so inhibits meaningful and full participation due to technology? Such questions are valid regarding the selection of grand jurors, grand jury proceedings, and fairness overall.

To continue, virtual jury trials present even greater difficulties, primarily with reference to the jury selection process. In many jurisdictions, potential jurors are given three questionnaires to complete – a hardship request, a technology inquiry, and a case specific form. Jurors can appear in person at some courthouses, while others require appearance by Zoom or cellphone. Once again, otherwise qualified jurors may be excused simply due to lack of appropriate technology, skills, or internet access.

In some cases, attorneys and the court must conduct their voir dire – individualized questions – of the potential jury pool remotely. To be specific, normal jury selection procedures which seat 12 potential jurors in the jury box for questioning, where those being excused are replaced by others from a larger jury pool, are often not possible as Zoom does not allow easy, physical, in and out movement of participants from certain “rooms” or locations, or jurors are simply using call-in numbers as opposed to Zoom. Thus, it is difficult for attorneys to challenge and keep track of potential jurors’ positions.

Additionally, as virtual jury selection takes considerably longer than in-person jury selection, many attorneys who have experienced this process report that at times, potential jurors do not pay attention to proceedings as they are distracted by other work, family members, phone calls, or simply because they have muted the proceeding. Ultimately, virtual jury selection proves difficult as it takes considerably longer than in-person jury selection and may result in qualified jurors being dismissed, or distracted, for non-case-specific reasons.

Once these numerous obstacles are addressed and a jury is selected, there is no shortage of potential issues to follow. In a completely-virtual trial, attorneys, the judge, and court staff must be prepared to present the case virtually, meaning all witnesses and exhibits have to be accessible, or prepared, to appear and be shown by Zoom. Technical issues are bound to occur, and can very quickly try the patience of the jury. The ability to disclose a potential document or other media to a witness, the Judge, and the opposing side – without the jury viewing the document before it is in evidence – takes practice, and greater preparation. Hence, issues following jury selection are numerous and unpredictable, especially regarding managing jury attention and patience, as well as fluid, confidential disclosure of information and evidence void of technological issues. Preparation for virtual presentation is key.

Even in person trials, with all the necessary safety precautions, present serious issues of fundamental fairness as well. Jury selection is still a serious concern because many otherwise qualified jurors will be excused because of their health concerns in participating in the courtroom and jury room. Once selected, the attorneys must present their case while everyone, including witnesses, are wearing face masks and socially distancing. Jurors must be able to hear and judge witnesses’ testimony and credibility, all the more difficult while their mouths are covered. Attorneys must be able to present witnesses and evidence all while wearing masks that inhibit their voices, breathing and connecting to the jurors through their facial expressions. Finally, jurors’ attentions may be stressed and inhibited by worrying about their health and that of their fellow jurors, both during the presentation of the evidence and through deliberations. As the trial drags on, are excuses made by jurors to be relieved? Are judgments rushed to simply get out of the courthouse? These are well-founded fears by defense counsel whose clients’ freedom will be decided.

Mindful of the importance of self-distancing, we at times work remotely but are available to meet new clients either in person, through video conferencing, or by phone. Challenging times demand innovation and accommodation to our client’s needs. Stahl Gasiorowski Criminal Defense is here for all of your criminal legal needs during this time. To contact the firm’s NJ office, call 908.301.9001 and to contact the firm’s NYC office, call 212.755.3300, or email Mr. Stahl at rgs@sgdefenselaw.com.

Many federal, state, and municipal courts have limited the number and types of cases they will be handling in the near term. Some have adjourned jury trials for several weeks and in some cases even months to see what happens after a period of isolation. Courts have summarily waived Speedy Trial Act rights and ordered continuances for a period of time. State courts in particular are promoting the use of video and teleconferencing in lieu of appearing in court. Municipal courts have adjourned court appearances for motor vehicle summonses and code violations. Detention has been waived in certain cases depending on the type of crime, the age of the offender, and other relevant factors.

This is due to fears of spreading the virus to the jail population – causing a sudden boom in cases – and the risk that the greater the jail population, the greater the risk to inmates and staff.

Federal and state criminal investigations and arrests, however, are continuing. While some investigations may lie dormant for a period of time, U.S. Attorneys’ Offices around the country continue to investigate and prosecute cases, especially those with statute of limitations deadlines looming. State investigations and prosecutions continue as well.

Our attorneys and staff are actively and aggressively defending our existing clients’ cases. We are also available to meet with new clients. Being mindful of the importance of self-distancing, we at times work remotely but are available to meet new clients either in person or through video conferencing, and have the capability to offer initial consultations by phone. Challenging times demand innovation and accommodation to our clients’ needs. Stahl Gasiorowski Criminal Defense is here for all of your criminal legal needs during this time.

A federal or state agent or detective knocks on your door at 6 a.m. and serves you with a grand jury subpoena for documents and/or testimony. Do you simply gather the documents requested and send them to the U.S. Attorney’s Office or the County Prosecutor’s Office, or do you retain experienced criminal defense counsel? If the subpoena requires testimony, what rights do you have?

A grand jury subpoena is issued from the federal or state prosecuting agency under the guise of a grand jury investigation into suspected criminal activity. The subpoena may seek years of documents and testimony regarding those documents and other relevant matters to the investigation. The subpoena may be to a witness, subject or target of the investigation. In most cases, the person served should consult with experienced defense counsel to determine whether they need representation.

First, defense counsel would contact the requesting agency to determine the status of the matter and whether the client is simply a witness or may have criminal exposure. If the client has potential exposure, then additional time will be required to understand the facts and to carefully review the documents before forwarding copies pursuant to the subpoena. There may be privileged items that counsel may attempt to withhold under limited circumstances that may require court intervention. If testimony is required, the person may invoke his right not to testify under the Fifth Amendment or seek immunity to testify. These are complicated areas of law that require experienced defense counsel to sort through.

Second, often times the scope of the subpoena is broad and the production of the requested documents can be burdensome, time consuming and expensive to locate, collect and copy. Defense counsel would discuss that issue with the prosecutor and often negotiate a limiting of the time frame or scope of the request. Counsel would also discuss an extension of time to gather, review and organize the documents to make sure that they are responsive to the request.

Simply gathering and producing documents pursuant to a grand jury subpoena may sound easy and harmless, but it can lead to a number of issues that are best handled by a criminal defense attorney. Purposely withholding relevant documents or destroying documents can lead to serious criminal charges. The act of production alone can at times be used against the person.

Robert Stahl, and his firm, Stahl Gasiorowski Criminal Defense Lawyers aggressively defend individuals charged with complex federal and state crimes. Founder Robert G. Stahl is recognized as one of the top criminal defense attorneys in the NY/NJ area for his skills, knowledge and success. To contact the firm, call 908.301.9001 for the NJ office and 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com.

In the federal system, a person may be charged and arrested by way of a complaint or indictment. A complaint is a written statement of essential facts establishing the offense charged made under oath by the agent before a magistrate-judge. Based upon the complaint, an arrest warrant may be issued upon the establishment of probable cause to believe that an offense has been committed and that the defendant committed it. The warrant must list the defendant’s name, or description by which he can be identified, the offense charged, command that the defendant be brought without unnecessary delay before a magistrate-judge and be signed by the judge.

An indictment is returned after a properly impaneled grand jury, consisting of 23 grand jurors with a minimum quorum of 16, hears evidence from the U.S. Attorney’s Office and at least 12 grand jurors find probable cause to believe that a crime has been committed and that the defendant committed the crime. The grand jury presentation is done in secret, with evidence presented by the prosecution through agents and witnesses. The defendant, and his counsel, are not permitted to attend and may not even be aware of the grand jury investigation or presentation. Once the grand jury votes on the indictment drafted and presented to them by the Assistant U.S. Attorney (AUSA), an arrest warrant may issue by a magistrate-judge based upon the probable cause finding of the grand jury.

If a person is charged by way of a complaint, they are entitled to a preliminary hearing before a magistrate-judge within 14 days of the arrest to determine whether there is probable cause that the crime charged was committed by the defendant. At such a hearing, the defense may cross-examine adverse witnesses and may introduce evidence. However, most defendants, if they do not waive the preliminary hearing, are indicted by a grand jury before the scheduled hearing as the government usually does not want to reveal and expose their witnesses and case to the defense at this early stage.

In either event, the magistrate-judge will set the conditions of release, or in particularly serious cases to pre-trial detention, at the initial appearance. In the federal system, if the defendant is released on bail, the judge will set the conditions of release which customarily require the signing of a bond by the defendant and other responsible parties, travel restrictions to the District of the offense or the person’s home state, surrender of passport, and other conditions to reasonably assure the defendant appears at all court proceedings and is not a danger to the community.

Stahl Gasiorowski Criminal Defense Lawyers aggressively defend individuals charged with complex federal and state crimes. Founder Robert G. Stahl is recognized as one of the top criminal defense attorneys in the NY/NJ area for his skills, knowledge and success. To contact us to discuss your case, call 908.301.9001 for our NJ office and 212.755.3300 for our NYC office, or email us at rgs@sgdefenselaw.com

Fitbit Data Leads to Husband Charged with Wife’s Murder

Technology has advanced the ease and quality of life immeasurably. Smart phones are handheld computers that can surf the internet; deliver emails, texts and phone calls; take videos and pictures; make dinner reservations and track your every movement through various apps. Our cars can almost drive themselves with lane change warnings; infrared cameras; heads-up displays, cruise control with radar; event data recorders that record speed, braking and seatbelt use; and GPS tracking in case the car is stolen. Home security cameras, Amazon Echo, smart TV, smart appliances and the like can all be controlled remotely through the internet. A variety of devices that are small and comfortable enough to wear, such as Fitbits, iWatches and the like can track our movements, heart rates, calories burned, number of steps and location.

As helpful as these devices are to their users, law enforcement too has come to discover that these devices can provide valuable, irrefutable evidence in criminal investigations. Just recently, a Connecticut husband was charged with his wife’s murder after his story about his wife’s whereabouts was refuted by information from her Fitbit that revealed not only her location but when and far she was moving (or not) at specific times.

Earlier this year, Arkansas authorities used recordings from an Amazon Echo in a murder case. And last year, investigators in Ohio used evidence from a man’s pacemaker to charge him in an arson case.

Until recently, E-Z Pass records, cell site pings, GPS in our cars, social media postings and red light and other security cameras were all that investigators had available to piece together a person’s movements with varying degrees of accuracy. Now, with these new wearable devices, law enforcement has gained valuable new tools to track a person’s movements.

With rapidly developing technology, and law enforcement’s ability to gather and use the information in criminal cases, courts are increasingly called upon to determine the legitimate collection and preservation methods permitted. Whether the collection of the data requires a search warrant, communications data warrant or grand jury subpoena is being fought in courts throughout the country.

Contact NJ & NY Criminal Defense Attorneys

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Stahl Gasiorowski Criminal Defense Lawyers aggressively defend organizations and individuals charged with complex federal and state crimes. Founder Robert G. Stahl is recognized as one of the top criminal defense attorneys in the NY/NJ area for his skills, knowledge and success.

Our offices are located in Mountainside, New Jersey and Manhattan. To contact us to discuss your case, call 908.301.9001 for our NJ office and 212.755.3300 for our NYC office, or email us at rstahl@stahlesq.com. Or Contact us online.

The stages of a criminal case as it proceeds through the legal system can be confusing for individuals who find themselves on the wrong end of legal charges for the first time. Though popular media has no shortage of stories set within the criminal justice system, these fictional depictions often leave out important details. When a substantial portion of your personal and professional future hangs in the balance, it’s critical to have a complete and accurate understanding of the steps through which your criminal case will proceed.

Criminal Arrest

A criminal case begins with an investigation into alleged criminal conduct. The formal process begins when an individual accused of a crime is taken into custody by law enforcement. To make an arrest, the law enforcement officer must either be present at the time the crime is committed and see it happen, or have an arrest warrant for the suspect in question. Arrest warrants may be obtained by law enforcement when they can present probable cause that a given individual committed the crime. There are certain procedures, determined by the jurisdiction, that an arresting officer must follow for a legitimate arrest.

Criminal Charges

The accused has the right to be informed of the crime(s) for which they are being charged, either at the time of the arrest or as promptly thereafter as is practical.

Initial Appearance

This is usually the first occasion on which a given criminal case comes before a judge. Generally the initial appearance must occur within 24 hours of the arrest. During this appearance, the identity of the accused is confirmed, the criminal charges against them are explained, and the accused is informed of their rights (to remain silent, and to be represented by an attorney). Public defenders are assigned to defendants who cannot afford a lawyer.

Preliminary Hearing

An accused defendant has the right to be present and represented by an attorney at this hearing, the purpose of which is to present and challenge evidence that shows probable cause to believe that a criminal act was indeed committed, and that the defendant was the perpetrator. Evidence may be presented at this stage to support or dispute these claims. If the Judge determines that the State failed to demonstrate that there was probable cause to believe that the defendant committed a crime, the charges are dismissed and the defendant released. The State can avoid a probable cause hearing by presenting the case to the grand jury and obtaining an indictment. The indictment is proof that the grand jury found sufficient probable cause to believe that the defendant committed the crime(s)charged.

Bail or Detention Hearing

If not already determined at the defendant’s initial appearance before the court, a separate hearing is convened to establish whether bail is appropriate, and if so, in what amount.

Grand Jury

Felony cases in some jurisdictions involve a grand jury indictment rather than a preliminary hearing. In these cases, a grand jury consisting of private citizens sworn to secrecy hears evidence only from the prosecutor, the defense is not permitted to participate. The grand jury in a criminal case has the power to compel testimony from concerned parties, including the victim. After investigating, the grand jury votes on whether to indict or dismiss.

Arraignment

At this stage of a criminal case, the defendant is formally presented with the charges against them contained in the indictment and enters a plea.

Pre-Trial Hearings

Before the trial begins, both the prosecution and the defense may introduce motions to address outstanding issues pertaining to the case, which are ruled upon by the judge.

Plea Negotiations

Instead of proceeding to trial, the defendant may choose plead guilty to the original charge or a lesser charge, in exchange for some form of consideration from the prosecution – often involving either dropping other charges or recommending a specific sentence. The court has the option to accept or reject the plea agreement; if it is rejected, the defendant may withdraw their plea.

Criminal Trial

If the case is not dismissed or resolved with a plea agreement, it goes to trial before a jury. This is perhaps the most well-recognized portion of a criminal case. Jurors are selected, evidence is presented, witnesses are questioned and cross-examined. The burden of proof rests on the prosecution to prove the defendant’s guilt beyond a reasonable doubt. If they cannot, the defense attorney may ask for a judgment of acquittal.

Verdict

If the trial is completed without a judgment of acquittal, dismissal, or plea agreement, the jury withdraws to consider the facts and reach a verdict, which is then presented to the court. If the jury finds the defendant not guilty, the defendant is released. Otherwise, the case proceeds to sentencing.

Sentencing

The sentence received by the defendant is often determined at a separate hearing. Both the prosecution and the defense present evidence regarding the appropriate punishment, and the judge makes the final determination.

Appeals

You may appeal the ruling in your criminal case to a higher court if you believe an error or inappropriate action resulted in an unfair decision. Appeals are difficult to win, and your attorney can help you determine whether you have grounds for an appeal.

The experienced attorneys at Robert G. Stahl Gasiorowski Criminal Defense Lawyers aggressively defend individuals charged with complex federal and state crimes. Founder Robert G. Stahl is recognized as one of the top criminal defense attorneys in the NY/NJ area for his skills, knowledge and success. To contact us to discuss your case, call 908-301-9001 for our Mountainside, New Jersey office and 212-755-3300 for our New York City office, or email us at rgs@sgdefenselaw.com.