What is the penalty for a subpoena?
Asked by: Janick Wisozk MD | Last update: July 22, 2025Score: 5/5 (51 votes)
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
How much jail time for subpoena?
The government's authority to impose criminal penalties against you for ignoring a subpoena is contained in Title 18 U.S.C. Sections 401 and 402, known as "contempt of court." You could face significant fines and up to 6 months in jail if convicted.
What happens if you don't pick up 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?
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.
What is the penalty for refusing a subpoena?
Failure to honor a personally served subpoena may result in court-ordered sanctions of a fine or the forced surrender of the person. A court's authority to impose these sanctions is known as its contempt power.
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.
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 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.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
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 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.
Can a case be dropped if the victim doesn't show?
As a general rule, courts will grant the prosecution at least one continuance if the complaining witness unexpectedly doesn't show up for court. The prosecution may be required to withdraw a case if there is no other way to prove that a crime occurred.
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 refuse to testify as a witness?
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.
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.
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 I refuse a subpoena?
You remain obligated to respond to the subpoena unless you have a court order quashing or modifying the subpoena, Contact your legal counsel to assist with court filings. Again, be aware of response deadlines because missing deadlines may waive your ability to object to the subpoena.
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.
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.
What do I do if I get 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.
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 to quash 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.
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 happens if you get summoned to court and don't go?
Contempt of Court
If you don't show up to court after being properly subpoenaed, the judge may view this as a direct challenge to the court's authority. As a result, you may face legal penalties, such as fines or even jail time.