NATIONALLY RECOGNIZED FEDERAL LAWYERS
Key Differences Between Civil and Criminal Federal Subpoenas
|Last Updated on: 2nd October 2023, 05:51 pm
Key Differences Between Civil and Criminal Federal Subpoenas
Subpoenas can be an intimidating and confusing part of the legal process. This article will break down the key differences between civil and criminal federal subpoenas to help you understand your rights and obligations if you receive one.
What is a Subpoena?
A subpoena is a court order requiring someone to testify, produce documents, or both. There are two main types – civil and criminal:
- Civil subpoenas are used in lawsuits between private parties.
- Criminal subpoenas are used in investigations and prosecutions by the government.
Subpoenas are issued under the authority of the court. If you receive one, you are legally required to comply or face penalties like contempt of court.
Key Differences
While civil and criminal subpoenas share some similarities, there are important differences to understand:
Purpose
Civil subpoenas are used to obtain evidence for a lawsuit, like documents, testimony at a deposition, or testimony at trial. They help the parties develop their claims and defenses.
Criminal subpoenas are used to investigate crimes and build cases. They may be issued during grand jury investigations or after criminal charges are filed.
Who Issues Them
Civil subpoenas are issued by the court clerk or an attorney involved in the case. An attorney can issue a subpoena as long as a lawsuit has been filed.
Criminal subpoenas are issued by grand juries, prosecutors like U.S. Attorneys, or defense attorneys. Grand juries can subpoena documents and testimony as part of their investigations.
Geographic Scope
Civil subpoenas typically only have effect within the district or within 100 miles of the courthouse [1]. For example, a civil subpoena issued in the Southern District of New York generally cannot compel someone in Chicago to testify.
Criminal subpoenas have nationwide scope. They can compel compliance anywhere in the U.S. [1]
Challenging and Quashing
The person receiving a subpoena can file a motion to quash or modify it. This asks the court to invalidate or change the subpoena.
Civil subpoenas can be challenged for being overbroad, seeking privileged information, or being unduly burdensome [2]. The court will balance the subpoena’s intrusiveness against the need for the information.
For criminal subpoenas, common grounds for motions to quash include [3]:
- Lack of authority to issue the subpoena
- Technical defects like failing to comply with service requirements
- Privileged nature of the requested information
- Violation of the recipient’s constitutional rights
But the standards make it harder to quash criminal subpoenas. The bar is higher to show undue burden or that constitutional rights are violated.
Noncompliance Penalties
If you fail to comply with a subpoena, the court may hold you in contempt. This can result in fines and even jail time in some cases.
Criminal contempt charges are more serious than civil contempt. Criminal contempt is aimed at punishing the noncompliance, while civil contempt is aimed at coercing compliance.
So criminal subpoena violations may be viewed as more serious obstruction of justice. The penalties for ignoring a criminal subpoena tend to be harsher.
Your Rights When Receiving a Criminal Subpoena
The Constitution provides some protections if you get a criminal subpoena:
- You generally have a [4] right to intervene and challenge the subpoena’s legality.
- You can’t be compelled to testify against yourself or provide self-incriminating evidence.
- The subpoena can’t violate other Constitutional rights like free speech or freedom from unreasonable search and seizure.
If you receive a criminal subpoena, getting legal advice is highly recommended. An attorney can help protect your rights.
Subpoenas in Federal Grand Jury Investigations
One key use of criminal subpoenas is in federal grand jury investigations. Grand juries can issue subpoenas for documents and testimony as part of their investigative powers [5].
Some things to know about grand jury subpoenas:
- They are broad in scope – a grand jury can investigate merely on suspicion of criminal activity.
- There is no right to have an attorney present in the grand jury room.
- Grand jury proceedings are secret – you can’t discuss your testimony with anyone except your attorney.
- You have a right to invoke the 5th Amendment and refuse to provide self-incriminating testimony.
If you receive a grand jury subpoena, getting legal counsel is essential to understand your rights and obligations. An attorney can file motions to quash overbroad or inappropriate subpoenas.
Conclusion
Subpoenas come in different forms, but civil and criminal subpoenas invoke distinct legal processes. While civil subpoenas help develop evidence for trial, criminal subpoenas aid criminal investigations and prosecutions.
Criminal subpoenas have broader reach but also face higher constitutional barriers. If you receive a criminal subpoena, tread carefully and consult an attorney to protect your rights.