Am I in trouble if I get a subpoena?
Asked by: Ward Barton | Last update: June 16, 2025Score: 4.4/5 (51 votes)
[no-lexicon]Do not ignore the subpoena. Doing so could result in charges of contempt of court, fines, and even jail time. It is important that you do not destroy or hide information that is requested in a subpoena.
Does a subpoena mean I'm in trouble?
A subpoena is not an automatic indictment, but the government wants you to believe you're guilty so you cave in. Prosecutors chase convictions under United States v. Nixon, 418 U.S. 683 (1974), which confirmed how subpoenas can pry into almost anything.
What to do if I receive a subpoena?
If you got a subpoena, you are required to go to the trial. You are also required to answer all questions truthfully. You are not required to give additional details when they ask you a question. Give only the answer to the question.
What happens if you are subpoenaed as a witness and don't show up?
The judge may not wait for a witness who has not been subpoenaed to show up before making a decision. What if the person doesn't comply with the subpoena? If the person doesn't come to court, they can be held in contempt of court and ordered to pay up to $500 in fines.
What happens after a subpoena is issued?
A subpoena may be served on an individual either through personal delivery, email, certified mail or even by reading it out aloud. It is also called a writ or administrative summons. A subpoena cannot be ignored as it is a court order and a failure to respond to it may be punishable as contempt of court.
I Received A Subpoena, What Should I Do?
Do I need a lawyer if I am subpoenaed?
Do You Need a Criminal Defense Lawyer? In most cases, a subpoenaed witness will likely not need the assistance of an attorney. However, in certain cases, the witness may be subjecting himself to criminal liability by appearing and testifying under oath.
Can I plead the 5th when subpoenaed?
The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.
Can I refuse to testify if I get a subpoena?
If you or a witness refuse to testify in court after getting summoned by a subpoena, the court may hold you in contempt. This legal offense can result in a court-imposed fine or imprisonment in the worst cases.
Is ignoring a subpoena a felony?
Disobeying a subpoena may also be punished with a contempt charge under California Penal Code § 1331. The maximum punishment for a misdemeanor contempt charge in California is generally 6 months in the county jail, a $1000 fine, or both.
What happens if a victim ignores a subpoena?
A witness who ignores, disregards or even forgets to honor a subpoena to appear and testify may be held in contempt of court.
What are reasons to get out of a subpoena?
- The subpoena did not give the statutory amount of time to respond.
- You need more time to respond.
- The subpoena was issued to an incorrectly named entity.
- The request was overly broad and unduly burdensome.
- The request would require the production of trade secrets.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What to do if you get a subpoena?
As such, there are two immediate steps you need to take upon getting a subpoena: Preserve all of your documents and contact a lawyer with experience in this area of the law.
Do you have the right to remain silent when subpoenaed?
You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail.
Can you go to jail for missing a subpoena?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
Does a subpoena mean you are in trouble?
A subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the subpoena. subpoenas are used in both criminal and civil cases.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
Can you hide from a subpoena?
If you ignore the subpoena, not only is this likely to raise questions as to why you have chosen not to respond as required, but it could also lead to being held in contempt of court.
Is it possible to avoid a subpoena?
If you don't want to appear personally or supply the requested documents, you may be able to “quash” the subpoena. Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing.
Does a victim have to appear in court?
According to California Civil Code Section 1219, victims are not obligated to testify, and they are exempt from contempt charges for refusing to do so. However, there may be consequences such as minor fees or community service if the victim refuses a subpoena.
Can you decline being a witness?
Once you have been given the subpoena, you must legally oblige. If you don't understand your obligations, you should consult a federal criminal defense lawyer serving San Francisco, CA as soon as possible.
Can you go to jail for pleading the fifth?
The 5th Amendment protects individuals from being forced to testify against themselves. An individual who pleads the 5th cannot be required to answer questions that would tend to incriminate himself or herself. Generally, there is no penalty against the individual for invoking their 5th Amendment rights.
Can you be forced to testify against yourself?
The Fifth Amendment of the Constitution establishes the privilege against self- incrimination. This prevents the government from forcing a person to testify against himself.
How close to a court date can you be subpoenaed?
According to California law, a subpoena must be served at least 10 days before the date of the hearing or trial.