Target Letters, Grand Jury Subpoenas, and Proffers

At The Mayberry Law Firm, many federal matters reach us before an arrest—when you receive a target letter, a grand jury subpoena, or an invitation to “come in and talk.” If you are searching for a Tampa federal criminal defense attorney because of one of these, you are already in the window where early decisions have the biggest impact. Federal agents and Assistant U.S. Attorneys are building a record. Your job is to stop guessing and start managing risk.

What A Target Letter Really Means

A target letter tells you the government believes it has substantial evidence tying you to a federal offense and that a grand jury is considering charges. It may list statutes, ask you to contact the AUSA, and warn about obstruction. Do not ignore it and do not call the agent yourself. Your lawyer should confirm your status—target, subject, or witness—request limited disclosures, and assess whether you face exposure for conspiracy, false statements, obstruction, or the underlying offense. The immediate goals are to preserve evidence, prevent accidental obstruction, and open a controlled channel with the prosecutor.

Grand Jury Subpoenas for Documents

A subpoena duces tecum compels documents, emails, devices, or data. You must produce what the subpoena lawfully demands unless an objection applies. Your attorney will audit scope, negotiate deadlines, and limit production to what is required. In cases involving extensive electronic data, we push for search protocols, file-type limits, date ranges, and custodians, and we address privilege and work-product from the outset. Where the “act of production” would itself incriminate you—because producing the materials admits their existence, authenticity, or control—your lawyer can assert Fifth Amendment protections and seek immunity for the act of production. If a subpoena is overbroad or seeks privileged material, we move to quash or modify.

Grand Jury Subpoenas for Testimony

A subpoena ad testificandum orders you to appear and testify. You will be sworn, a court reporter will record everything, and your answers are under penalty of perjury. You have the right to assert the Fifth Amendment to specific questions when truthful answers may incriminate you. Your attorney cannot sit with you in the grand jury room, but you can step out between questions to consult. Before any appearance, we identify topics, map out privilege, and assess whether you should resist, negotiate immunity, or decline to answer particular questions on a question-by-question basis.

Avoiding Obstruction While You Prepare

Once you know a grand jury is running, do not delete emails, reset devices, “clean up” chat histories, or nudge anyone else to do so. Innocent housekeeping can read as obstruction. Instead, create a litigation hold: preserve phones and laptops, suspend auto-delete settings, and route all collection questions through counsel. If agents arrive with a search warrant, do not interfere. Ask for a copy, note the time, and get an inventory; then call your attorney.

Proffers: What They Are and Why They Are Dangerous

A proffer—often called a “Queen for a Day” meeting—is a controlled debrief with the prosecutor and agents. You agree to speak truthfully; the government agrees not to use your statements directly in its case-in-chief if negotiations later fail. That protection has limits. The government can use leads derived from your statements, use the statements to impeach you, and prosecute you for false statements if you are not fully truthful. Because the agreement is contractual, the exact language matters. We do not attend proffers without a written agreement, clear topic boundaries, and a plan for how the information helps you, not just the government.

When A Proffer Helps—and When It Hurts

A well-structured proffer can avoid indictment, narrow charges, or set up a cooperation pathway that leads to a § 5K1.1 motion at sentencing or a post-sentencing Rule 35. It can also backfire if you guess at facts, minimize involvement, or disclose conduct the government had not yet connected to you. Before any meeting, we review discovery when available, interview you thoroughly, check texts, emails, and financials against your memory, and build corroboration. If the AUSA will not define scope or give limited insight into the theory of the case, the meeting may not be in your interest.

Privilege, Immunity, And Corporate Roles

Privilege belongs to the client, not the company you work for. If corporate counsel contacts you, understand who they represent. As an employee, you may be asked for a custodian declaration or to help collect devices. That can be appropriate, but it should be coordinated through your own counsel to avoid personal admissions. Where testimony is unavoidable, we explore statutory immunity or a narrowly tailored non-prosecution agreement that protects you while allowing the grand jury to hear what it needs.

Strategy In the Middle District of Florida

In the Middle District of Florida, scheduling moves quickly once a subpoena issues. AUSAs expect prompt counsel contact, realistic timelines, and professional negotiation on scope. Pre-indictment pathways vary by division (Tampa, Orlando, Jacksonville, Ocala, Fort Myers), but across divisions, controlling the first contact and protecting the record are constant. We also plan for detention risk early; if the case moves to charges, a verified release plan is ready.

Mistakes To Avoid

Do not call agents to “clear things up.” Do not self-collect and email documents to the government without privilege review. Do not talk with potential witnesses in a way that could be spun as coaching. Do not post, message, or DM about the investigation. Do not assume a target letter means you are out of options; pre-charge advocacy still matters.

How We Work Your Pre-Indictment Case

We begin by confirming your status with the AUSA, freezing relevant data, and mapping legal exposure. We narrow or challenge subpoenas, manage ESI protocols, and handle privilege logs. If testimony is demanded, we prepare you for the cadence and pressure of grand jury questioning. If a proffer is on the table, we negotiate terms, define scope, and rehearse until your account is precise and supported. Throughout, we evaluate alternatives: moving to quash, seeking use/derivative-use immunity for act-of-production issues, or declining a meeting that carries more risk than benefit.

Where To Read More

If you are comparing options, see our parent page on Federal Investigations & Procedure, and watch for our related deep dives on Search Warrants & Digital Forensics, Wiretaps & Consensual Recordings, Federal Sentencing Strategy & Variances, and Forfeiture & Restitution in Federal Cases. Those pages explain how these early choices shape outcomes later.

Speak With a Federal Defense Lawyer for the Middle District of Florida

If you have a target letter, subpoena, or an agent’s business card on your kitchen table, pause before you act. Call The Mayberry Law Firm at (813) 444-7435 or send us a message. We will take over communications, protect privilege, and build a plan that fits your risk and your goals—whether that means resisting, negotiating, or carefully using a proffer to improve your position.