Receiving a subpoena from law enforcement can be an overwhelming and daunting experience. Whether you are being asked to testify in court or produce specific documents, it is important to understand your legal obligations and rights. Upon receiving a subpoena, it may be helpful to consult with an attorney who can help walk you through the process.
What is a Subpoena and Why Did You Receive One?
A subpoena is a legal document issued by a court or government agency that requires an individual or business to provide testimony or produce evidence for a legal proceeding. Subpoenas serve to gather information for an investigation or court case.
Common reasons for receiving a subpoena include being a witness to a crime or legal dispute, possessing documents relevant to a dispute, or having expert knowledge on a specific relevant subject. Understanding the nature and purpose of your subpoena is the first step in determining how to respond.
Types of Subpoenas: Understanding What’s Required of You
There are two primary types of subpoenas that you may receive. The first, a subpoena ad testificandum, requires you to appear in court or at a deposition to provide testimony under oath. The second, a subpoena duces tecum, requires you to produce documents, records, or other forms of evidence relevant to a case. The document should specify what is being requested of you and the deadline for compliance. In order to fully comply with the subpoena, you should carefully review the document with an attorney to understand all its requirements.
How to Respond to a Subpoena: Do’s and Don’ts
Once you receive a subpoena, there are certain things you should do, and other things you should avoid. First, you should read the subpoena carefully and note any deadlines. In reading the document, verify its legitimacy and ensure it has been properly served. Next, you should preserve all relevant requested documents (physical and electronic) to avoid allegations of evidence tampering. Before responding or making any statements to law enforcement, consult with an attorney to ensure full compliance.
Though a subpoena can be overwhelming, it is important not to ignore it, as non-compliance can result in legal penalties, including contempt of court charges. It is also crucial that you only discuss the details of the subpoena with your attorney, as talking with other unauthorized individuals may compromise confidentiality or interfere with an ongoing investigation. In producing any required documents, you should not alter, destroy, or conceal any of them as it could lead to obstruction of justice charges. Lastly, assume that you must comply with all requests in the subpoena. Though some subpoenas may be challenged or negotiated, this should never be done without first consulting with an attorney.
Your Legal Rights: Can You Challenge or “Quash” a Subpoena?
In some cases, you may have grounds to challenge a subpoena. One reason is if the subpoena requests privileged or confidential information, such as attorney-client communications or trade secrets. Another reason to challenge a subpoena is if compliance would cause an undue burden or hardship, such as requiring excessive costs or an unreasonable time commitment. If the issuing authority lacks jurisdiction over you or the requested materials, you may also challenge the request.
To challenge a subpoena, you or your attorney can file a motion to quash or modify it. To quash a subpoena means to formally request that a court declare a subpoena invalid or void. This legal filing requests that the court cancel or narrow the subpoena’s demands. A judge will then review the request and determine whether the subpoena should be enforced as issued, modified, or dismissed entirely.
Preparing for Court: What to Expect When Testifying
If your subpoena requires you to testify under oath, preparation is key. You should first familiarize yourself with any relevant details and facts before taking the witness stand. Your attorney may help you review documents or past statements to ensure accuracy. When testifying, stick to the facts and answer only what is being asked of you. Avoid speculation or unnecessary elaboration that could complicate matters.
In court, you should dress appropriately, such as business casual or formal clothing. Avoid overly casual or distracting outfits. Follow courtroom etiquette, which means addressing the judge respectfully, speaking clearly, and remaining composed. If you are asked an inappropriate or objectionable question, your attorney may object on your behalf. Do not answer anything you are unsure about without legal guidance. You should also be prepared for attorneys from both sides to question you, so stay calm and stick to the facts, even under pressure.
Your attorney can help you prepare and provide guidance on what to expect during the proceedings. Being well-prepared will make your testimony more effective and reduce potential stress.
Conclusion
Receiving a subpoena from law enforcement is a serious matter that requires careful and timely attention. Understanding your obligations, seeking legal advice, and preparing properly can help ensure you respond appropriately. If you received a subpoena and need legal assistance, contact an experienced member of the Romano Law team today.
Contributions to this blog by Michael Touma.
