Is receiving a subpoena bad?
Asked by: Germaine Kreiger | Last update: December 18, 2025Score: 4.5/5 (18 votes)
Receiving a subpoena is a serious event for any individual or organization. However, with skillful representation, these are often manageable events.
Is it bad to get a subpoena?
Ignoring or resisting a subpoena can have serious legal consequences. Subpoenas are legally binding orders. Failure to comply with a subpoena can result in various repercussions including: Contempt of Court: One of the most common consequences of ignoring or resisting a subpoena is being held in contempt of court.
Does a subpoena mean I am in trouble?
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.
Why would someone get 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 is a good reason to get out of a subpoena?
If you have a valid reason not to testify, then the subpoena might be withdrawn or thrown out by the judge. Valid reasons include things like not having any relevant information to give, the information you might have to give being privileged in some way, and a few others.
I Received A Subpoena, What Should I Do?
Can I decline a subpoena?
The court will then consider the challenge or objection and make a ruling. While it may be possible to challenge or object to a subpoena in certain situations, it is generally a legally binding order that must be complied with and shouldn't be refused.
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.
What to do when you receive a subpoena?
Failing to properly comply with a subpoena can have serious consequences including fines for contempt and the waiver of certain rights. 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.
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.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
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.
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.
Can you remain silent if subpoenaed?
If you are subpoenaed to testify, there is no need to expressly invoke the privilege against self-incrimination. You can hire a lawyer who can invoke your rights on your behalf. The Supreme Court held that it is not difficult for a defendant to say they are not answering questions on Fifth Amendment grounds.
Does a subpoena mean I did something wrong?
Being served with a subpoena does not necessarily mean that you (or your company) have done something wrong or that you will be sued. Often times, it simply means that one of the parties to the dispute believes that you may have relevant information or documents.
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.
Can I refuse to be a witness in court?
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. There are a few conditions which may allow you to forego a court ordered testimony.
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.
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 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.
Do you need a lawyer if 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?
Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
Can you be released from a subpoena?
Typically, you will not be released until you comply with the terms of the subpoena, or you file a successful motion to quash the subpoena.
Can a subpoena be refused?
Generally speaking, a person who is subpoenaed cannot refuse to provide testimony. However, there are certain situations in which a person may have a legal right to deny giving testimony.
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.)
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.