Receiving a subpoena is often a disquieting event, to say the least!
When anyone is called into an ongoing investigation, they often think that they must’ve done something wrong. But that is not necessarily the case.
A subpoena could mean that you need to testify under oath, provide specific information about something, or present some documents.
So if you were wondering; does a subpoena mean that you are in trouble, the answer is probably not. However, you still need to take the matter seriously to make sure nothing goes awry.
Why Would You Receive a Subpoena?
A subpoena is an official call to action that you can’t shrug off, ignore, or postpone. It’s an invitation of sorts to provide information or documentation related to an ongoing investigation. The subpoena could be related to a minor legal conflict between two parties, or a much larger legal matter. It could also be in a local dispute or on a federal level.
Receiving a subpoena usually means that you have important information related to the investigation or conflict. In some instances, the investigation could include you as a person of interest.
What Exactly Is a Subpoena?
A subpoena is a court order requesting an individual to stand before a judge and testify under oath when questioned about a certain matter. It usually comes with the following details:
- The subject of the investigation
- Where the deposition is held
- The date and time of the deposition
- Who requested the subpoena
- Relevant documents and other items of evidence
- Details of the legal procedure
- A warning about non-compliance
Does a Subpoena Mean You Are in Trouble?
A subpoena is alarming and ominous. So does it necessarily imply that you’re in any trouble? Usually, it doesn’t. But there’s a slim possibility that it could mean that.
Following the right procedure, hiring a lawyer, and responding properly to the court order often means that you would steer clear of any mishaps.
What Should You Do If You Receive a Subpoena?
Most people get a mini heart attack when they receive a subpoena. But that could drive them to avoidance, and so, they act like nothing happened at all, and they conveniently miss their day in court. Thus, the first thing you need to do is to chill.
The next thing is to contact a lawyer. Reading legalese is rarely easy, so the help of an expert would come in handy. A good lawyer would explain the matter clearly, and walk you through the subsequent steps of the process.
Can You Just Ignore a Subpoena?
Failing to show up at the designated place at the outlined time is an extremely bad idea. The person who does that would be held in contempt of the law. This is usually penalized by paying a hefty fine or spending some time in jail.
Some people aren’t too knowledgeable about legal matters, and they might just ignore a subpoena that they deem irrelevant to them. Unfortunately, this lack of general knowledge isn’t a valid excuse. You can’t shrug off a subpoena.
Can You Object to the Requests of the Subpoena?
The scope of the subpoena, your presumed implication, or the required documents might be hard to comply with. The documents might no longer be in your possession, or you could be unaware of the issue in question.
Additionally, discussing the matters mentioned in the subpoena might revoke non-disclosure agreements or confidentiality norms.
Going to court or deposition with incomplete documents and a blank stare would probably anger the people who called you in. Since canceling the appointment unilaterally is out of the question, then you should file a motion to quash or modify the scope of the subpoena.
Do You Need a Lawyer if You Get Subpoenaed?
It’s not mandatory to get legal assistance once you receive a subpoena. However, many pitfalls in the process could be quite costly, so it’s best to move with an expert.
A good lawyer would ensure compliance with the subpoena requirements. If the scope is too broad, or if you can’t fulfill these duties for a valid reason, then your lawyer would file a motion to cancel the subpoena. Lawyers could also object to certain requirements or ask for scope modification.
A seasoned lawyer would also tell you how to give a deposition and how to behave as a witness. Propriety and decorum in a court of law have particulars that regular people don’t necessarily know.
Do You Need to Prepare Before Going to Court?
Being well-prepared helps you come across as confident and helpful. You should also double-check the documents you have, and make sure that they correspond to all the requirements detailed in the subpoena. This should make the process much easier and shorter.
One clear benefit of knowing what you can and cannot talk about is avoiding suspicion or implication. Remember that you shouldn’t reveal too much or too little. It’s wise to rehearse ahead of time how you’d respond to several possible questions.
The presence of an attorney with you would provide you with the necessary guidance and coaching.
Is It Too Costly to Get a Good Lawyer?
Law firms come in all shapes and sizes, and it’s often possible to find a legal advisor who would be within your means.
If even that isn’t feasible, you can resort to pro bono assistance. Many law firms offer their services to clients who can’t afford legal fees. They don’t take on too many of these cases though. So people without access to legal help might need to look around for available assistance.
Some people resort to representing themselves, but that’s not always the best course. Then again, if it comes to that, they should educate themselves thoroughly on the matter. They should also follow the outlined procedure to the nines.
Self-representation might pass for regular depositions or requests for documentation, but it’s not very wise in crime or federal cases.
Another alternative is to check out legal aid societies. These offices and litigators often specialize in specific cases, like domestic abuse, immigration issues, or child services. But they might also assist with simple legal procedures, like getting subpoenaed.
Are Some Subpoenas More Serious Than Other Subpoenas?
Many lawyers would say that some subpoenas are indeed more serious than others. For example, criminal cases are far more sensitive than a fender bender. Your testimony should be far more precise, as it could implicate one or more people.
Taking the stand as a witness could be more difficult in criminal cases. Sometimes the way things unfold might place the witness in a tough spot. If the DAs apply excessive pressure on the witness, then they can invoke the 5th Amendment, and refuse to proceed with a testimony that could be detrimental to them.
Additionally, any documents you’re asked to present might very well mean that a person would face jail time. At the same time, this might help some victims get the justice they deserve. It’s important to be fair, objective, and forthcoming.
Federal investigations are even more serious. They also include the possibility of having to travel across the country. The stakes are often higher, since these investigations usually involve national security matters or other federal crimes.
Needless to say, non-compliance with a criminal or federal case subpoena can be quite consequential. It’s highly advisable to seek legal assistance from a specialized attorney to prepare for these subpoenas.
What Could Possibly Go Wrong at the Courtroom?
If you follow the instructions of the subpoena, procure the required documents, and prepare for testifying, then, all should be well. However, you should also consider the following issues.
- You might arrive late to the court
- The required documents might be incomplete or irrelevant
- Giving contradicting depositions or testimonies
- Not following the legal procedures and norms
- Infringing previous confidentiality or privacy agreements
- Appearing suspicious, aggressive, defensive, or timid
- Revealing too much information unnecessarily
- Antagonizing any of the law enforcement representatives
Unfortunately, these mishaps aren’t just faux pas situations that a person can shrug off. Saying the wrong thing could be construed as contempt to the court, which is punishable by being fined or incarcerated. It could also implicate an unwitting party or even oneself.
Generally, acting in good faith from the get-go could dilute or neutralize the effects of these transgressions. But one needs to be careful around legal affairs. That’s one more reason to accompany a good lawyer to these subpoenas.
In Conclusion
Receiving a subpoena doesn’t automatically mean that you’re entangled in some legal nightmare! It could be a simple request for information or documents. But here’s the catch, any person could get into trouble during the ensuing legal process.
Responding correctly, and getting legal assistance early on, are the best predictors that the whole thing would go smoothly without any hiccups along the way.