He approached the passenger's side window of a silver Honda Civic. The driver stared straight ahead. Roth prompted him to lower the window. The potent smell of marijuana smoke assaulted Roth the moment the window began to drop. Roth peered inside. He noticed the driver was wearing a blue polo shirt bearing the logo of Cox Communications, a national telecommunications company. He also wore a nametag

"Jay from Cox," Roth said,"I am Officer Roth of the Washington, D.C. Metropolitan Police Department. The reason we are stopping people this morning is to inform them of a fatal hit-and-run accident that occurred yesterday. We are hoping the public can help us with information that might solve this case." Roth noted that Jay still would not meet his gaze.

Hey, am I free to go, bro?"

Cop's (Roth) own eyes narrowed. "You're not. Hand me your license and registration, then step out of the car."

"What? Why, bro," Jay asked.

"STEP OUT OF THE CAR, NOW," Roth barked. Jay complied. Roth pressed him face-first against the cold metal of the Civic.

"Interlace your fingers behind your back," Roth commanded. Jay did as he was told."Do you have any weapons on you? Anything that could stick me?

"Naw man," Jay replied

"A search of Jay's pockets produced a large glass pipe with what appeared to be marijuana residue

"Were you smoking this reefer just now," Roth asked.

"I plead the Fifth, cop," Jay responded.

"Answer the question," Roth demanded.

"Alright, man, yeah. Yeah. I smoke before work. Helps the day go by.

With that, Roth removed his handcuffs from their holder and placed them on Jay's wrists. "You're under arrest for suspicion of driving under the influence of narcotics, in violation of Washington, D.C. law."

That afternoon, Jay sat in an interrogation room, alone. A wall clock ticked loudly. Other than a bare metal table and three chairs, the room was empty.

"Driving high ain't legal in D.C.," Boreland replied, forcefully."You'll lose your car. You'll lose your job." With that, Jay sat up

"Hey man, I need my job. I need my car. C'mon man, don't play me like that."

"Well, there is one thing you can do for us," another cop(Boreland) interjected."Something that might make us go a bit easier on you. See, I don't care about no DUI. I'm murder police."

"We know you were in the vicinity of that accident yesterday," Boreland said."You were working on one of the utility lines." He leaned forward."That man had a family. Two sweet, innocent little boys that are gonna grow up without no daddy.

other cop (McNutty) placed a picture of two boys on the table."It's a damn shame," McNutty said."Poor kids."

Jay looked at the picture. He was still sort of high. He was definitely very hungry. And now he was sad, as well. Jay began to cry.

"Now look, we know you didn't have nothing to do with it," Boreland added."But we need to know what you know." As McNutty pulled the picture back, Boreland pushed a yellow legal pad and a pencil toward Jay."Just tell us what you saw."

** Question:

Jay immediately retains you as his criminal defense counsel. Hours later, two FBI agents serve Jay with a federal grand jury subpoena. He desperately wants to avoid having to testify about what he witnessed. If there is even a hint that Jay might talk, he's dead. If he ends up behind bars, he still may be considered a loose end and he'll be much more vulnerable. Jay needs to settle this quickly and quietly if he can. At the same time, it's your job to help him deal with reality. The Feds could be amenable to keeping this quiet so they can go after some bigger players, but the extent to which that's true is unclear. If Jay can beat enough of the charges, the Justice Department might offer to create a new life for him in the federal witness protection program to get him to testify. It's also possible that they may drop everything if Jay has a strong enough case. The local authorities have been sufficiently "read in" that they have agreed to base any charging decision on what Mueller's team decides. You have one shot to figure out exactly how much leverage authorities actually have over Jay, to get him out from under as much of it as possible, and to figure out whether he'll have to comply with the federal grand jury subpoena.

analyzing the relevant legal issues, including the DUI and the subpoena, in preparation for a meeting with your client scheduled for noon this Friday.