What's the difference between a warrant and a subpoena?
Asked by: Bessie Fadel | Last update: November 12, 2025Score: 4.2/5 (19 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.
Are warrants and subpoenas the same thing?
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.)
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.
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.
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.
What is the difference between a Warrant and a Summons?
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.
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.
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.
Can the police kick in my door if I have a warrant?
If they have a no-knock warrant they can enter your residence whether you are there or not. If they have to break the door down to get in, the warrant gives them the authority to do that.
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.
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.
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.
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.
Can you be served a warrant while in jail?
People in jail or prison may discover that a warrant for their arrest is outstanding from another county, state, or the federal government. Having a warrant while incarcerated can prevent your release or result in loss of privileges.
What makes a warrant illegal?
Warrant Based on Illegally Obtained Evidence
The search warrant might be invalid if it was based on illegally obtained evidence. For example, to establish probable cause, the police cannot use evidence obtained by trespassing on your property.
What is the best time to turn yourself in for a warrant?
Consider your timing
Any experienced attorney will inform you that the best days to turn yourself in are Tuesday, Wednesday, and Thursday.
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 I decline being a witness?
If you receive a subpoena and do not want to testify in court, you can plead the Fifth Amendment to the U.S. Constitution. The Fifth Amendment gives you the right against self-incrimination. This allows you to refuse to answer questions or provide testimony that could incriminate you.
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 you beat a subpoena?
A person can challenge a subpoena if is it insufficiently specific, yet this will likely require a hearing and an attorney may be necessary. Burden: This is commonly used to quash subpoenas requesting documents because it may require that the party produce documents of a very high volume in a short amount of time.
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 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.