Criminal Defense Lawyers

Received a Subpoena in Rochester? Top-Rated Lawyers to Fight for You

You’ve Been Subpoenaed in Rochester – Now What?

So, you open up the mail – and there it is, that dreaded envelope with the word “SUBPOENA” printed on it, in big, bold letters. Your heart starts racing, your palms get sweaty – what the heck is this all about? And more importantly, what do you do now?Take a deep breath, we‘ve got you covered. Getting subpoenaed can definitely be unnerving, but it doesn’t have to be the end of the world. We’re here to walk you through exactly what a subpoena means, what your rights and obligations are, and how to handle this situation like a pro.Let’s start with the basics.

What Exactly is a Subpoena?

A subpoena is essentially a legal summons, issued by a court or government entity. It commands you to either:

1. Provide testimony (by showing up to a deposition or court hearing)
2. Hand over documents or other evidence

There are two main types:

• Subpoena ad testificandum – This requires your presence to testify about something.
• Subpoena duces tecum – This demands you produce specified documents or records.

Some subpoenas may even require both – your testimony AND your documents/evidence. Fun times, right?Now, before you start sweating through your shirt, remember – getting a subpoena doesn’t automatically mean you’re in trouble with the law. There are all sorts of reasons you could be subpoenaed, in civil cases and criminal matters alike. The key is understanding exactly what‘s being asked of you, so you can respond appropriately.

But I Didn’t Do Anything Wrong! Why Me?

We hear ya, it’s a totally fair question. There are actually numerous reasons you could get subpoenaed, even if you’re as innocent as a puppy:

• You witnessed an incident or crime and have relevant information to provide
• Your company’s records are needed as evidence in a legal case
• You previously gave a statement that requires further testimony
• You have professional expertise that relates to the facts of a dispute

The list goes on. The main point? Don’t automatically assume you’re the one in hot water just because your name is on that subpoena. Take a deep breath, and read through it carefully to understand the context.

Ok, So I Got This Subpoena – Now What?

Excellent question! Once you receive a subpoena, you generally have a few options:

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.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

1. Comply. If the subpoena seems legitimate and you can reasonably provide the requested testimony or evidence, your simplest path may be to just follow the instructions. Show up on the scheduled date, answer questions truthfully, and provide any documents demanded.
2. Object. In certain scenarios, you may have legal grounds to object to the subpoena’s requests. For example:
   • The subpoena asks for privileged or confidential information you can’t disclose
   • Complying would be overly burdensome or unreasonable
   • The subpoena fails to allow sufficient time to respond
   • The requests fall outside the permitted scope of discovery
3. Negotiate. If the subpoena is unreasonably broad or you have other concerns, you can try negotiating with the issuing party. Perhaps you can agree to provide a narrower set of documents, or reschedule dates for your testimony. Having an experienced attorney on your side can be invaluable for these negotiations.

No matter which route you go, do NOT simply ignore the subpoena. That’s a surefire way to potentially face civil or criminal penalties down the line. The courts take these things very seriously.

I Need to Comply – What Are My Rights and Obligations?

If you determine that you do need to comply with a subpoena’s demands, either fully or in part, it‘s crucial to understand both your rights and legal obligations:Your Rights:

• You have the right to review the actual subpoena and its instructions carefully
• You can object to requests that are too broad, burdensome or irrelevant
• You may be able to negotiate the scope, timing or logistics
• You can’t be compelled to testify or produce privileged information
• You’re entitled to reimbursement for reasonable costs incurred to comply

Your Obligations:

• You must respond completely and truthfully to permissible questions
• You must take all reasonable steps to locate and provide requested documents
• You must appear at the date/time/location specified for testimony
• You must continue complying until properly excused by the court

The key is to understand the full extent of what’s being asked, so you can assert your rights where appropriate. Having an attorney in your corner can ensure you don‘t unwittingly overstep any boundaries.

I Need to Object or Negotiate – How Do I Do That?

If you’ve reviewed the subpoena and decided you need to object or negotiate some aspects, here are some typical steps:

1. Raise Objections in Writing. Formally set forth your objections, whether they relate to scope, timing, relevance or privilege. Be specific about your grounds for objecting.
2. Seek to Modify or Quash. You can officially ask the court to modify or even quash (cancel) the subpoena, if your objections are reasonable.
3. Negotiate with the Issuing Party. See if you can work out a compromise directly with whoever issued the subpoena, perhaps agreeing to narrowed requests or different logistics.
4. Hire an Attorney. Having experienced legal counsel can make objections and negotiations much more effective and prevent mistakes.
5. Comply with Permissible Portions. Even if objecting to part of the subpoena, be sure to still comply with any legitimate, reasonable requests you can.

The key is acting promptly and following all required procedures. Courts have little patience for those who simply ignore or defy subpoenas without justification.

But What If I Still Don’t Comply?

Defying a subpoena is no joke – there can be serious consequences if you intentionally fail to comply without legally valid grounds. Potential penalties include:

• Being held in civil or criminal contempt of court
• Monetary fines and sanctions
• In some cases, even arrest and jail time

Yikes, right? That’s why it‘s so crucial to take subpoenas seriously right from the start. If you have valid objections or concerns, raise them properly and promptly through legal channels.But don’t just blow off a subpoena – that’s a surefire way to land yourself in hot water with the court.

This Sounds Complicated – Should I Hire a Lawyer?

Look, we’ll be the first to admit – dealing with subpoenas, especially in complex legal cases, can be a massive headache. And unless you’re a legal expert yourself, trying to go it alone could be a recipe for disaster.That’s why, in many situations, your best move is to hire an experienced attorney to handle the subpoena process for you. A good lawyer can:

• Ensure you understand your rights and obligations
• Identify any grounds to object or negotiate
• Represent you in proceedings related to the subpoena
• Advise you on proper compliance procedures
• Advocate forcefully on your behalf with the court and other parties

While hiring an attorney involves legal fees, those costs are often dwarfed by the potential risks of mishandling a subpoena yourself. Not to mention the sheer hassle it can save you.So don‘t be afraid to bring in the pros, especially if you’re subpoenaed in a complex, high-stakes legal matter. It could be the difference between a major headache and a smooth process.