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.