Criminal Defense Lawyers

How Long Do You Have to Comply With a Federal Subpoena? Key Deadlines

How Long Do You Have to Comply With a Federal Subpoena?

You may have heard the term “federal subpoena” thrown around on TV legal dramas or the news, but suddenly finding one addressed to you is a whole different story. A federal subpoena is a serious matter that requires your immediate attention. At Spodek Law Group, we understand how stressful and overwhelming it can be to be on the receiving end of a subpoena from the U.S. government. The most pressing question on your mind is likely “How long do I have to comply with this thing?” Don’t worry, we’re here to break it down for you and provide the guidance you need during this challenging time.

Understanding Federal Subpoenas

First things first, let’s clarify what exactly a federal subpoena is. A subpoena is a court order requiring you to provide information, usually in the form of documents or testimony, for a legal proceeding. When it comes from a federal court, that means it’s related to a federal criminal investigation or prosecution handled by the Department of Justice.There are two main types of subpoenas:

1. Subpoena ad testificandum – requires you to appear and give oral testimony
2. Subpoena duces tecum – requires you to produce documents or other tangible evidence

If you’ve been served with a federal subpoena, that means either you or someone you’re connected to is likely the target of a federal investigation. The stakes are high, and non-compliance is not an option. Ignoring a subpoena can result in serious consequences, including being held in contempt of court.

Deadlines for Complying with a Federal Subpoena

So exactly how long do you have to comply with a federal subpoena once you receive it? The answer is, it depends. Every subpoena will specify a date, time, and location where the requested documents must be produced or the testimony must be given. This is known as the “return date” and it is a hard deadline that must be strictly adhered to, unless an extension is granted by the court.The amount of time given to comply with a subpoena can vary. Some common compliance deadlines are:

• 14 days from the date of service for a subpoena duces tecum requesting documents
• 21 days from the date of service for a subpoena ad testificandum requiring testimony
• “Forthwith” subpoenas that require immediate compliance, sometimes within 24-48 hours

However, these are just general guidelines and the actual deadline for your specific subpoena may be different. It’s crucial to carefully read the subpoena and note the exact return date. Calendar the deadline and start making arrangements to comply right away.

Requesting an Extension

If the return date doesn’t provide sufficient time for you to comply, either because of the volume of records requested or difficulty arranging for testimony, you may be able to request an extension from the court. However, this must be done promptly and well in advance of the original deadline.To seek an extension, you or your attorney will need to file a motion with the court. This motion should explain the reasons why more time is needed and propose a new return date. The court will then either grant or deny the extension request. Don’t just assume an extension will be granted.It’s generally advisable to comply with the original subpoena deadline if at all possible, rather than banking on receiving an extension. Extensions are not guaranteed and the court may not be sympathetic to last-minute requests.

Consequences of Non-Compliance

Failing to timely comply with a valid federal subpoena is a serious matter that can carry severe penalties. If you don’t provide the requested documents or testimony by the return date, you can be held in contempt of court. Contempt sanctions may include:

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-28

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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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• Monetary fines, including daily fines until compliance is achieved
• Reimbursement of legal fees incurred by the government in enforcing the subpoena
• Jail time for continued non-compliance

In addition to contempt, non-compliance with a federal subpoena may be viewed as obstructing justice or impeding an official investigation. These are federal crimes that can result in criminal charges, with potential penalties including years in federal prison.The bottom line is that blowing off a federal subpoena and hoping for the best is never advisable. Non-compliance is likely to make your legal situation go from bad to worse very quickly.

What to Do If You Receive a Federal Subpoena

If a federal agent shows up at your door with a subpoena, don’t panic, but do take it seriously. Your first step should be to carefully review the subpoena to determine what is being asked of you and when the deadline is.Next, you should immediately contact a federal criminal defense attorney experienced in handling federal investigations. Going it alone is not advisable when you’re facing the formidable resources of the federal government.At Spodek Law Group, our seasoned attorneys have extensive experience on both sides of federal investigations. Several of our lawyers previously worked as federal prosecutors before joining our firm. We know the playbook and tactics the government uses in these cases, which enables us to craft the most effective defense strategies for our clients.Our team will quickly assess your situation and advise you of your options for complying with the subpoena. We may be able to negotiate with the prosecutors to narrow the scope of the subpoena or obtain an extension. In some cases, we may even be able to challenge the validity of the subpoena and have it quashed.Throughout the process, our mission is to protect your rights and interests while minimizing your legal risk. With our skilled guidance, you can respond to the subpoena properly and avoid the pitfalls of non-compliance.

The Importance of Experienced Federal Defense Counsel

Receiving a federal subpoena can feel like your world is crashing down around you. Suddenly you’re being thrust into a high-stakes federal investigation that could jeopardize your freedom and future. Don’t face this overwhelming situation on your own.The value of having a savvy federal defense lawyer in your corner cannot be overstated. We understand the nuances of complying with federal subpoenas and know how to position you for the best possible outcome. Our attorneys will work tenaciously to get the subpoena quashed or modified if appropriate, while ensuring you don’t run afoul of your obligations.With decades of experience and a track record of success, Spodek Law Group is here to guide you through this stressful process. We treat every client’s case as if it was our own, providing the one-on-one attention and commitment you deserve. Our goal is to lift the burden of the federal subpoena off your shoulders so you can breathe a little easier.

Don’t Delay Seeking Help

One of the biggest mistakes you can make if you receive a federal subpoena is to stick your head in the sand and hope it goes away. Delays in responding or seeking legal counsel can be costly, as the clock is ticking on your compliance deadline as soon as you are served.We know it can be daunting to reach out to a lawyer, but we’re here to make the process as painless and judgment-free as possible. Our attorneys are standing by to provide a confidential consultation and begin strategizing your next steps.The sooner you contact us, the more options you will have for dealing with the subpoena. Timely action is essential for protecting your rights and preserving your defenses. Don’t let fear or procrastination make your legal situation worse than it needs to be.

Lean on Our Federal Subpoena Expertise

At Spodek Law Group, we’ve been in the trenches of federal criminal defense for decades and have successfully represented countless clients served with federal subpoenas. There’s no situation we haven’t encountered before.When you hire us, you can have confidence knowing you have a powerhouse team in your corner that will leave no stones unturned in defending your interests. We combine our federal experience with aggressive advocacy and commitment to craft the strongest possible response to your subpoena.Our results speak for themselves – we’ve helped many clients avoid the negative consequences of non-compliance and move forward with their lives. We’re here to do the same for you.

Get Peace of Mind With a Free Consultation

If you’re feeling overwhelmed by a federal subpoena, we invite you to contact us for a free and confidential consultation. During this no-obligation discussion, we’ll review the specifics of your subpoena and provide our honest assessment of your case. You’ll gain a clearer understanding of your obligations and options, as well as how our firm can help.With offices conveniently located in NYC, we’re well-equipped to handle federal subpoena matters throughout the New York area and beyond. Don’t spend another moment worrying about your subpoena compliance.