Are warrants and subpoenas the same thing?
Asked by: Horace Conn | Last update: June 22, 2025Score: 4.8/5 (36 votes)
A subpoena is a legal document issued by a court to compel someone to testify or produce evidence relevant to a legal proceeding. A warrant is a legal document issued by a judge that authorizes law enforcement to search a location or seize evidence.
Is a subpoena the same as a warrant?
Warrant (in general) – allows search, seizure, or arrest to be made by the officer. Subpoena (in general) – asks person to appear in court to testify as a witness or produce evidence (papers, forms, materials, information, etc.)
Can you testify in court if you have a warrant?
If your testimony is for a very important criminal case, they may let you slide until a later date. However, if it's for a civil case, you may be arrested before you testify, or as you exit the court room. It also depends on what the warrant is for. If the warrant is for serious crime, expect to be arrested.
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 is the legal name for a warrant?
"Warrant" refers to a specific type of authorization: a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.
3. Government Investigations: Subpoenas and Search Warrants (5/2/21)
What happens when warrants are called?
A call warrant gives an investor the right to buy a company's stock at a certain price on or before a specific expiration date. Generally speaking, an investor would be likely to exercise a call warrant if the strike price is lower than the stock's current market price.
What two word phrase is required for a warrant to be issued?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
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.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Can you plead the 5th if you are subpoenaed?
Does the Fifth Amendment right to remain silent apply if I am subpoenaed to testify before a grand jury? Yes, you can claim the Fifth before a grand jury.
Can a lawyer turn you in if you have a warrant?
However, there are people who want to help you during this stressful time: criminal defense attorneys. A criminal defense lawyer won't turn you in to the police. Rather, they will give you advice on how to proceed, guide you through the process, and advocate for you.
What if a victim refuses to testify?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.
How do you block a subpoena?
A motion to quash a subpoena may be filed if someone believes that it was not issued legally. Such a motion generally means that the subject of the subpoena can refuse to comply with it until the court has made a decision on the motion.
Does a subpoena show up on a background check?
In general, the people who can run a private background check on you include: employers, private landlords, insurance companies, professional licensing agencies, creditors, anyone with a court order or subpoena, and anyone seeking child support payments from you.
Can you get a warrant 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.
Do I need a lawyer if I get a subpoena?
You don't generally need an attorney to comply with a subpoena, unless anything you revealed could either harm you in some way, harm your business (e.g. don't reveal any trade secrets without an attorney requesting that info be kept confidential), or would benefit a party you don't want to help.
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.
Does a subpoena mean you are in trouble?
Essentially, a subpoena, which literally means 'under penalty', requires one to inform under oath (testify) on the facts that are at issue in a pending case. A subpoena is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace.
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.
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.
Why would someone refuse a subpoena?
Undue burden: If complying with the subpoena would create an undue burden on the recipient, such as requiring them to travel a significant distance or producing a large amount of documents, they may be able to object on the grounds of undue burden.
What are the 4 requirements for a warrant?
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
What is a short sentence for warrant?
Examples of warrant in a Sentence
Noun The police had a warrant for his arrest. There was no warrant for such behavior. Verb The writing was poor, but it hardly warrants that kind of insulting criticism.
What is an unreasonable search?
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...