Does a subpoena mean I'm in trouble?
Asked by: Jonatan Huel | Last update: October 2, 2025Score: 4.7/5 (44 votes)
What a Subpoena Means for You. 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.
Does a subpoena mean I am in trouble?
A subpoena or court summons is the sign of the beginning of a trial case. Some legal matter has escalated to the point that it must go to court. A court summons may relate to a civil or criminal case, and if a sheriff or court officer has delivered a subpoena to you then you have some connection to the case.
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.
What are reasons to get a subpoena?
Subpoenas can be issued in criminal cases, in private (“civil”) lawsuits; they may also be issued by government agencies conducting their own investigations and proceedings, administrative or criminal (e.g., IRS, SEC, FBI, even issued by the President of the United States on behalf of the military).
Is it bad to get a subpoena?
Receiving a subpoena is a serious event for any individual or organization. However, with skillful representation, these are often manageable events.
I Received A Subpoena, What Should I Do?
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.
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.
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.
Why was I issued a subpoena?
Subpoenas are how you can require witnesses or evidence at a hearing. Consider whether you need to have a subpoena issued to require witnesses to appear at the hearing or produce documents. A subpoena is an order requiring people to provide documents or testimony.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
What to do if you've been subpoenaed?
To answer your question, a subpoena is a formal order served on individuals and companies typically seeking testimony or documents. If you or your company have been served with one, you should call your attorney right away.
How much does a subpoena cost?
According to the California Department of Industrial Relations, a witness subpoenaed is entitled to a witness fee of $35 for each day's court appearance and a mileage fee of 20 cents per mile to cover their travel expenses.
What's the difference between a warrant and a subpoena?
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.)
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.
How 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.
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.
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.
Can a subpoena be dismissed?
There is a process by which a subpoena can be rejected by the court. Your attorney would have some motions to file on your behalf and the justification needs to be good. Don't even think about trying the pro se - you need an attorney. It all comes down to the prosecutor's discretion.
How to 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.
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.
Why did I get a check with my subpoena?
A check for a fee for appearing as a subpoenaed witness and mileage is included with the served subpoena.
Is a subpoena a public record?
If the subpoena was issued by the judge, clerk, or a public official, its a matter of public record. If it was issued by someone else, you may not find it in the court record.
What happens if you refuse to testify after being subpoenaed?
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.
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.
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.