Criminal Defense Lawyers

Subpoenas

Subpoenas: What You Need to Know

Understanding the Legal Process

Getting served with a subpoena can be an intimidating experience – but it doesn’t have to be. A subpoena is simply a legal document that requires you to provide testimony or evidence for an official proceeding. It’s a tool used by courts and government agencies to gather information; and while ignoring one can have serious consequences, understanding what they are and how to properly respond will help ease any concerns.At their core, subpoenas are about compelling people or organizations to cooperate with an investigation or legal case. They come in a few different forms – a subpoena ad testificandum requires you to show up and testify, while a subpoena duces tecum demands you hand over specified documents or records. Some key things to know:

• Subpoenas aren’t optional requests – they’re legally binding orders issued under the authority of a court or agency. Ignoring one can mean fines or even jail time for contempt of court.
• They specify exactly what information or testimony is being demanded, as well as where and when you need to provide it. Read them carefully.
• You may be able to file a motion to quash or modify an unreasonable or overly broad subpoena before the deadline.
• Having a lawyer to represent you through the process is highly advisable, especially for complex cases.

While getting served can be unnerving, try to stay calm. With the right understanding and legal guidance, properly responding to a subpoena is manageable. Let’s take a closer look at how to handle different types.

Testifying Under Subpoena

If you’ve been served with a subpoena ad testificandum requiring you to testify as a witness, preparation is key. This applies whether it’s for a criminal case, civil lawsuit, grand jury proceeding, or other official matter.Some tips for testifying under subpoena:

• Review the subpoena carefully – Make sure you have the right date, time, and location for your appearance. Confirm what case or investigation it’s for.
• Don’t ignore it – Failure to show up can mean contempt charges and fines or jail time. If you have a legitimate reason you can’t appear, work with a lawyer to get it postponed or revised.
• Tell the truth – Lying under oath is perjury, a serious crime. That said, you have a 5th Amendment right against self-incrimination for questions that could expose you to criminal liability.
• Prepare your testimony – Go over records and refresh your memory on details related to the case. A lawyer can help identify what’s relevant.
• Dress professionally – Treat it like any formal court appearance.
• Be respectful – Don’t argue with attorneys or act out. Just answer questions directly and honestly.

Testifying can be stressful, but staying calm and being prepared goes a long way. Having an experienced attorney advising you is highly recommended, especially for complex cases.

Responding to Document Subpoenas

If you or your organization receives a subpoena duces tecum demanding records or documents, a measured and thorough response is crucial. Some key considerations:

• Understand what’s being requested – Carefully review the subpoena’s description of required documents. If anything is vague or overly broad, you may be able to get it modified.
• Collect the documents – Identify all potentially responsive records from the specified date ranges and locations. Don’t withhold anything or selectively produce files.
• Review with counsel – Have a lawyer review the documents to understand your obligations and any privileges that could restrict what has to be turned over.
• Prepare a privilege log – For any materials being withheld under privilege, maintain a detailed log explaining the basis for each document.
• Produce in a timely manner – Make sure records are properly organized, copied, and submitted before the deadline.
• Handle digital data properly – For electronic records, use forensic data collection methods to preserve metadata and avoid spoliation issues.

Responding thoroughly and transparently is important, but so is protecting privileged or irrelevant information. Having experienced legal counsel to walk you through the process is invaluable.

Potential Grounds for Quashing a Subpoena

In some cases, you may have legitimate grounds to file a motion to quash or modify an unreasonable subpoena before the deadline for compliance. Some common reasons include:

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• Overbreadth – If the subpoena is excessively broad in scope, covering irrelevant information beyond what’s directly related to the case.
• Undue burden – If the time and costs of fully complying would create an unreasonable burden on you or your organization.
• Privilege issues – If the subpoena demands disclosure of legally privileged materials like attorney-client communications.
• Jurisdictional issues – If the court or agency issuing the subpoena lacks proper jurisdiction over you.
• Procedural defects – If there are technical errors in how the subpoena was issued or served.

The key is being able to demonstrate to the court’s satisfaction why the subpoena goes too far and should be quashed or revised. Having legal counsel to make those arguments is highly advisable.

When to Seek Legal Representation

While you can respond to a subpoena on your own, having experienced legal counsel is recommended in most cases – especially those involving complex document demands, privileged materials, or testimony that could expose you to liability. An attorney can provide invaluable guidance on:

• Reviewing subpoenas for overbreadth or other defects that could get them quashed
• Asserting legal privileges and protections over sensitive information
• Preparing you to testify without exposing yourself to unnecessary risk
• Negotiating reasonable terms for compliance with the other parties
• Filing motions to quash or modify unreasonable subpoenas
• Defending you against any potential contempt charges for non-compliance

The consequences of mishandling a subpoena can be severe – from disclosure of privileged information to contempt fines and jail time. Having a skilled legal advocate in your corner is well worth the investment.At the Spodek Law Group, our nationwide team of former federal prosecutors have over 50 years of experience handling subpoena matters for individuals and businesses across the country. We understand how to properly respond while protecting your rights every step of the way.If you or your organization has been served with a subpoena, don’t go it alone. Call us 24/7 at 212-210-1851 for a free consultation on your best path forward.

Frequently Asked Questions

What if I ignore a subpoena?

Ignoring a legally valid subpoena is inadvisable – it can open you up to contempt of court charges, fines, and potentially even jail time. If you have legitimate reasons you cannot comply, you should work with an attorney to get the subpoena revised or quashed through proper legal channels.

Do I have to answer every question when testifying?

No, you have a 5th Amendment right against self-incrimination for questions that could expose you to criminal liability. However, you still have to show up and testify truthfully to other questions – lying under oath is perjury. An attorney can advise you on properly invoking the 5th.

What if the subpoena is unreasonably broad?

If a subpoena is overly broad in scope, covering irrelevant information beyond what’s directly tied to the case, you may have grounds to file a motion to quash or modify it before the compliance deadline. Having legal counsel to make those arguments is highly advisable.

Do I need a lawyer to respond to a subpoena?

While you can respond on your own, having experienced legal representation is recommended – especially for complex cases involving privileged materials, testimony that could expose you to liability, or unreasonable document demands. A lawyer ensures your rights are protected.

What happens if I withhold privileged documents?

For any materials being withheld under privilege (like attorney-client communications), you need to maintain a detailed privilege log explaining the basis for each document. Improperly withholding non-privileged records can open you up to sanctions.