Mr. Galluzzo, a criminal defense attorney and former New York City prosecutor, recently represented two individuals in separate federal grand jury investigations. The first individual received a grand jury subpoena in connection with an investigation into a fatal shooting. Mr. Galluzzo successfully persuaded federal prosecutors from the Southern District of New York that the client had a basis to invoke the Fifth Amendment should he be called to testify, and prosecutors agreed to withdraw the subpoena. The second individual received a subpoena to testify about an investigation into several fatal drug overdoses in Westchester County potentially linked to the same drug dealer. Mr. Galluzzo negotiated on behalf of his client, and he was able to answer the prosecutor’s questions informally in his office with the protection of a proffer agreement, instead of under oath and before the grand jury. Both of these clients were relieved not to have to testify in the grand jury and were generally thrilled with the outcome of Mr. Galluzzo’s negotiations.
If you or a loved one receives a grand jury subpoena, you need to contact a criminal defense attorney immediately. This subpoena cannot be ignored, but can carry substantial risks for the person who receives it. In some cases, the person receiving the subpoena may be able to assert the Fifth Amendment. In other cases, it may be possible to negotiate immunity from prosecution in exchange for testimony. In other cases, it may be possible to simply answer investigators’ questions without doing so under oath and before a grand jury. In that latter case, it is critical to only speak with an attorney’s assistance and after entering into a proffer agreement. Mr. Galluzzo has represented dozens of witnesses and cooperating witnesses over the years, and understands hos prosecutors think and build cases (as he himself is a former prosecutor). If you have received a grand jury subpoena from a prosecutor in the Southern or Eastern Districts of New York, you should strongly consider contacting him immediately.