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How Parents Can Resist Federal Subpoenas for Minor Children’s Testimony

March 21, 2024 Uncategorized

How Parents Can Resist Federal Subpoenas for Minor Children’s Testimony

Being served with a federal subpoena for your minor child to provide testimony can be an intimidating and stressful situation for any parent. As a parent, you naturally want to protect your child from legal entanglements. While complying with a federal subpoena is typically required by law, there are some steps parents can take to resist or fight back against subpoenas in certain circumstances.

Understand What a Federal Subpoena Entails

A federal subpoena is a legal order requiring someone to appear in federal court or provide documentation related to a federal case or investigation. Subpoenas are issued under the authority of the federal court system.When a federal subpoena names your minor child specifically, it means the party that requested the subpoena believes your child has information relevant to their federal legal matter. This could be a civil or criminal federal case.If your child is subpoenaed, they can be compelled to:

  • Appear in federal court to provide testimony
  • Answer questions under oath from attorneys or investigators
  • Produce emails, text messages, social media posts or other documents related to the case

Failure to comply with a federal subpoena can potentially result in civil or criminal contempt of court charges against you as the parent or your child. So these types of subpoenas should not simply be ignored without exploring your legal options first.

Get Legal Help From an Attorney

If your child receives a federal subpoena, your first step should be to consult with a lawyer to understand how to respond. An attorney experienced in federal cases can advise you on the validity of the subpoena, review what information or testimony is being requested from your child, and discuss any grounds to fight or limit the subpoena.Potential reasons to fight a federal subpoena for your minor child can include:

  • The information requested is protected by privacy rights or privileges
  • Complying with the subpoena would cause undue burden or harm
  • The subpoena seeks information irrelevant to the case
  • Technical errors or defects with how the subpoena was issued

In some circumstances, an attorney may be able to negotiate with the party issuing the subpoena to narrow the scope or withdraw the subpoena altogether. If negotiations fail, they can represent you in filing a formal motion to quash or modify the subpoena.

File a Motion to Quash or Modify

If there seem to be valid grounds, your attorney can file a legal motion asking the federal court to quash (cancel) or modify the subpoena for your child. This motion should lay out the legal arguments for why the subpoena should be quashed or altered.Reasons the court may agree to quash or limit a subpoena can include:

  • Requiring minor testimony would endanger the child’s welfare
  • The information is obtainable from alternative sources
  • The subpoena is overly broad, vague or burdensome
  • Enforcing the subpoena would violate constitutional rights to privacy

To boost your chances of success, your motion should be specific regarding which parts of the subpoena are objectionable and why. Offering alternative options – like written testimony instead of in-person – can also help.Your attorney may need to negotiate with the issuing party to resolve disagreements over the subpoena or ultimately argue the motion in court for a judge to decide on.

Christine Twomey
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
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
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
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
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
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
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
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
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.

Seek a Protective Order

If a motion to quash is not granted, another option is seeking a protective order from the judge overseeing the federal case.A protective order sets restrictions and safeguards on how information in the case – including a child’s testimony – can be used and accessed. It directs the other parties in the litigation to handle sensitive evidence confidentially.The court can customize the protective order to fit your child’s situation. Typical protections include:

  • Blocking public disclosure of your child’s information
  • Limiting who can be present for testimony
  • Requiring redactions of identifying details from records
  • Destroying sensitive evidence after the case concludes

Work with your lawyer to understand if a protective order might adequately safeguard your child from distress or harm while still meeting the needs of the federal case.

Consider an Objection During Testimony

If your efforts to quash or modify a federal subpoena fall short, you can still raise objections during your child’s actual testimony by asserting their Fifth Amendment right against self-incrimination or other constitutional privileges.

  • Fifth Amendment: If there is any risk your child’s statements could implicate them in criminal conduct, their Fifth Amendment rights may provide grounds for refusing to answer those specific questions.
  • Other privileges: Common law also recognizes certain testimonial privileges – like attorney-client privilege, doctor-patient privilege or clergy-penitent privilege – which could apply.

Have your lawyer assist you in lodging these objections on valid grounds during testimony. While the judge may still compel your child to respond, asserting these rights can help protect their interests.

Seek an Emergency Stay

If a federal judge orders your child to testify over your objections, you can seek an emergency stay of that order from an appeals court while you continue challenging the subpoena.Much like seeking an injunction, an emergency stay temporarily halts the lower court’s order. This can delay enforcement of the subpoena while your appeal is pending.The appeals judge will determine if an emergency stay is warranted based on factors like:

  • Likelihood of winning the appeal
  • Irreparable harm to your child without a stay
  • Public interest considerations

Though stays are not guaranteed, it can be a last resort tactic using the appeals process to resist an problematic subpoena demanding minor testimony in the short term.

Prepare Your Child Emotionally

Throughout legal efforts to fight or limit a federal subpoena, also focus energy on supporting your child emotionally for the uncertainties ahead.Open communication, empathy and nurturing can help reduce any anxiety, anger or confusion they may feel about having to testify:

  • Explain the situation honestly but gently, encouraging questions
  • Respect their emotions and validate why this is upsetting
  • Offer reassurances that their feelings are normal
  • Highlight attorney efforts to protect their interests
  • Provide extra support like counseling if signs of trauma emerge

Preparing them psychologically to handle the courtroom environment can also help empower them to get through testimony.While resisting federal subpoenas involves complex legal maneuvers, with compassionate support for your child the process can become more manageable for families. Don’t hesitate to lean on legal counsel and youth mental health resources.

Resources

Overview of federal subpoenas: https://www.law.cornell.edu/wex/subpoenaDetails on contempt of court penalties: https://www.law.cornell.edu/wex/contempt_of_courtTips on responding to a federal subpoena: https://www.nolo.com/legal-encyclopedia/responding-federal-subpoena.htmlExamples of motions to quash subpoenas: https://www.justice.gov/jm/civil-resource-manual-59-quashing-or-modifying-subpoenaDOJ guide on seeking protective orders: https://www.justice.gov/jm/criminal-resource-manual-165-guidance-obtaining-protective-order-regarding-discovery-materialsOverview of seeking a stay pending appeal: https://www.law.cornell.edu/wex/stay_pending_appeal

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