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What Happens If You Ignore a Subpoena?
Contents
- 1 What Happens If You Ignore a Subpoena?
- 2 What Exactly Is a Subpoena?
- 3 But What If I Have a Good Reason?
- 4 The Consequences of Ignoring a Subpoena
- 5 Contempt of Court
- 6 A Warrant for Your Arrest
- 7 Creating a Negative Inference
- 8 Risking Your Job
- 9 Damaging Your Reputation
- 10 When You Might Be Able to Avoid Testifying or Providing Records
- 11 Get Legal Help If You’re Dealing With a Subpoena
- 12 The Bottom Line
What Happens If You Ignore a Subpoena?
What Exactly Is a Subpoena?
A subpoena is basically a court order, requiring you to testify as a witness, provide documents/records, or both. It’s not a friendly request – it’s a legal command. Ignoring it can have major consequences.There are a few different types:
- Subpoena ad testificandum – This demands your presence to give testimony
- Subpoena duces tecum – This requires you to produce documents or other evidence
- Deposition subpoena – Similar to the above, but for a deposition rather than a court hearing
No matter the type, ignoring a subpoena is a big no-no in the eyes of the law.
But What If I Have a Good Reason?
There are proper legal channels for objecting to a subpoena, like:
- Filing a motion to quash or modify the subpoena
- Asserting legal privileges (attorney-client, doctor-patient, etc.)
- Arguing that the subpoena is unreasonable, oppressive, or irrelevant
But you can’t just ignore it. Trying to take matters into your own hands by not complying is a surefire way to make the situation much, much worse.
The Consequences of Ignoring a Subpoena
Contempt of Court
This is the big one. Ignoring a subpoena constitutes contempt of court, which is a criminal offense. The court views it as a willful disregard for its authority. Contempt charges can result in:
- Fines (potentially thousands of dollars)
- Jail time (yes, actual jail time)
- Having to pay the legal fees of the party who subpoenaed you
And this isn’t just some empty threat. Courts take contempt very seriously and will absolutely follow through, especially if you’re an important witness in a major case.
A Warrant for Your Arrest
Creating a Negative Inference
In some cases, your non-compliance with a subpoena can actually be used against you or the party you’re associated with.For example, if you’re a key witness and you refuse to show up and testify, the court may draw an “adverse inference” – basically assuming your testimony would have been unfavorable.
Risking Your Job
Depending on your line of work, ignoring a subpoena could put your employment in jeopardy.Certain professions have ethical obligations to comply with lawful orders like subpoenas. If you work in one of those fields (law, medicine, finance, etc.) and you willfully ignore a subpoena, you could face disciplinary action from your employer or licensing board.
Damaging Your Reputation
Beyond the legal ramifications, blowing off a subpoena can seriously damage your professional reputation and credibility. After all, you’re essentially broadcasting that you don’t respect the justice system or the rule of law.In today’s world, reputation is everything – especially for businesses and public figures. Is defying a subpoena really worth potentially tanking your good name?
When You Might Be Able to Avoid Testifying or Providing Records
We’ve focused a lot on the negative consequences, but it’s important to note that there are some legitimate reasons you may be able to avoid complying with certain parts of a subpoena.For example:
- Asserting testimonial privileges (attorney-client, doctor-patient, etc.)
- Lack of personal knowledge about the issues
- The subpoena is unreasonably burdensome or irrelevant
- The subpoena wasn’t properly served
However, you can’t just decide on your own to ignore it. You have to go through proper legal channels like filing a motion to quash or modify the subpoena. Simply not showing up is a recipe for disaster.
Get Legal Help If You’re Dealing With a Subpoena
At the end of the day, subpoenas are serious legal matters that shouldn’t be taken lightly. If you’ve been served with one, your best bet is to consult an experienced attorney right away.A lawyer can review the subpoena, ensure your rights are protected, object if appropriate, and advise you on the best way to respond while minimizing any negative consequences. Trying to navigate it alone is incredibly risky.
The Bottom Line
Ignoring a subpoena is basically like ignoring a bomb that’s been placed in your living room. Sure, you can pretend it’s not there for a while, but eventually it’s going to go off in a big way – potentially destroying your finances, freedom, and reputation.The smart move? Take it seriously from the start. Comply, object through proper channels if you have grounds, or hire legal representation. But whatever you do, don’t ignore it. The consequences simply aren’t worth it.