Do I need a lawyer if I am subpoenaed as a witness?
Asked by: Tremaine Braun | Last update: May 16, 2025Score: 4.9/5 (65 votes)
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.
What to expect when subpoenaed as a witness?
By your receiving a subpoena, you are being asked to be a witness for their side, to give testimony or whatever they're asking you for. There is usually a statutory fee paid to witnesses, a stipend to pay for costs of travel or time, and you will receive that check with the subpoena.
Can a witness get out of a subpoena?
While there are valid reasons for a witness to get out of a subpoena, if they don't show up, they could be charged with contempt – a misdemeanor offense.
Does a witness need a lawyer?
If you're a witness in a criminal trial either the prosecution or the defense lawyer or both will contact, you. You are not indicted, you will not need legal representation but they will want to know what you saw.
Can you refuse a subpoena in New Jersey?
If any person so duly subpoenaed shall neglect or refuse to obey the command of such subpoena, any judge of the Superior Court may, on due proof by affidavit of the service of the subpoena on such witness, and of the payment of his legal fees and of his refusal or neglect to obey the command of the subpoena, issue an ...
Do I have to testify as a witness in court?
How do I quash a subpoena in NJ?
(a) A petition to quash a subpoena may be filed with the commission or designated officer not later than five days from the date of service of the subpoena. (b) The commission or designated officer shall give notice of the filing of a petition to quash to the applicant for subpoena.
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.
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 you plead the fifth if you are 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.
What makes a subpoena invalid?
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Can you get out of being a witness?
If you think you should not be a witness
If you have a good reason not to be a witness, you can ask a judge to cancel the subpoena or summons.
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.
How do I stop a subpoena?
Any person to whom a subpoena is directed, or any party, may file a motion to quash or limit the subpoena. The motion must include reasons why compliance with the subpoena should not be required or the subpoena's scope should be limited. A party must file the motion with the judge and serve it on the other parties.
Can you refuse a subpoena as a witness?
Refusing to testify as a witness after being served with a subpoena in a criminal case can lead to serious consequences. The court may hold the individual in contempt of court, which can result in both imprisonment and a court-imposed fine.
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.
Who pays for subpoena documents?
§ 2554.29 Who pays the costs for a subpoena? The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court.
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.
What are reasons to get out of a subpoena?
- Service: Like any other pleading, a subpoena must be served on the recipient. ...
- Scheduling: Occasionally, a subpoena may end up conflicting with a planned trip or with an important workplace issue.
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.
How do you respond to a subpoena?
- Read the Subpoena Carefully: Make sure you understand exactly what is being requested—whether it's documents, testimony, or both. ...
- Provide Documents in the Requested Format: If the subpoena asks for documents, you are required to provide them in the format you usually maintain them.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Can my phone records be subpoenaed without my knowledge?
Phone records can be subpoenaed without notifying the owner in certain legal circumstances, primarily when the records hold key evidence for a case. Courts may issue a subpoena if the records are critical to uncovering the truth in criminal investigations, civil disputes, or other legal proceedings.
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.
How to get out of being a witness in court?
Relevance of Testimony: If you genuinely believe that you have no relevant information about the case, you can consult an attorney to help you file a motion to quash the subpoena. If the judge agrees, you might be excused.
What are valid reasons to quash a subpoena?
- Fails to allow a reasonable amount of time to comply.
- Requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regular transacts business in person.