Criminal Defense Lawyers

Can You Ignore A Subpoena?

Can You Ignore A Subpoena?

What Exactly Is A Subpoena?

A, subpoena is a legally binding order issued by a court or other government entity like a grand jury. There, are generally two main types:

1. A subpoena ad testificandum requires you to show up and testify under oath about your knowledge of certain events or situations.
2. A subpoena duces tecum requires you to produce specified documents, records, or other physical evidence.

Basically, it’s the court’s way of compelling you to participate in a legal proceeding by providing testimony or handing over potential evidence. Seems, pretty serious, right?

The Consequences Of Ignoring A Subpoena

Here’s, the hard truth – ignoring a subpoena is not an option if you want to stay on the right side of the law. The consequences can be severe:

• Civil Contempt of Court: If you defy a subpoena in a civil case, you could be held in civil contempt, resulting in court sanctions like fines or even jail time until you comply.
• Criminal Contempt: In a criminal proceeding, blowing off a subpoena could lead to criminal contempt charges, which are considered crimes punishable by fines or jail sentences.
• Arrest Warrant: In some cases, a judge may issue a warrant for your arrest if you fail to appear after being subpoenaed.

The bottom line? Ignoring that subpoena is essentially ignoring a direct court order, which can have major legal ramifications. It’s just not worth the risk.

But I Have A Good Reason! Right?

You could be right. There are certain limited circumstances where you may be able to legally object to or modify a subpoena:

• Undue Burden: If complying would be excessively inconvenient, expensive or oppressive, you can object on those grounds.
• Relevance: You can challenge a subpoena if the requested testimony or evidence is completely irrelevant to the case.
• Privilege: Certain communications are protected by legal privileges like attorney-client, doctor-patient, or spousal privilege.
• Constitutional Rights: A subpoena that violates your constitutional rights against self-incrimination or unreasonable searches may be objectionable.

The key is properly making your objections through the appropriate legal channels and procedures. Simply not showing up is a recipe for contempt charges.

So What Should I Do?

If you’ve been served with a subpoena, the smartest move is to consult an experienced attorney right away, especially if it’s for a criminal matter. A lawyer can review the subpoena, ensure your rights are protected, and advise you on the best way to proceed.cIf you decide to comply, your lawyer can prepare you for what to expect and how to handle questioning. If there are grounds to object or negotiate, your attorney can make the proper legal motions on your behalf. Going it alone is extremely risky when dealing with something as serious as a subpoena. Having skilled legal representation in your corner could be the difference between a smooth process and a world of legal headaches.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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A Real-Life Example

Let’s, look at a hypothetical situation to illustrate how this might play out:Imagine, you’re the manager of a small retail store. One, of your employees is accused of stealing money from the cash registers over a period of months. The prosecution subpoenas you to testify about what you may have witnessed and to produce any relevant security footage or records. If you simply ignore the subpoena, you could be held in contempt and potentially face fines or jail time for non-compliance. Not a good situation. However, if you hire a lawyer, they may be able to object to the subpoena’s scope on “undue burden” grounds if pulling several months of footage would be extremely costly and time-consuming. Or they could argue that certain manager-employee communications are privileged. Your lawyer could then negotiate providing a narrower range of evidence or having you testify only about specific incidents to avoid an all-out legal battle over the subpoena’s validity. It’s all about protecting your rights while still following the court’s orders.

Call Spodek Law at 212-210-1851 today or schedule a free consultation online.