Federal Subpoena Legal Defense

Can You Be Forced to Appear?

You cannot be forced by a federal agent of the Secret Service, FBI, IRS or Assistant United States Attorney to visit their office, regardless of the reason for the request. While you do not have a legal responsibility to do so, you may choose to comply after speaking with an attorney. Although there is no requirement to show up to an office, that is not the case for a courtroom. You can be forced to appear in a courtroom in some situations. When this is the case, being ignorant of the law is not a defense.

Reasons to Remain Silent

There are many great reasons why federal criminal lawyers often tell their clients to remain silent when being questioned by federal law enforcement. Although many people believe they are providing statements or sharing documents that will exonerate them, there are many instances when they are providing information that will lead to conviction during a trial. An attempt to cooperate can potentially be detrimental. Many people do not know about their Miranda Rights, which is the right to remain silent and ask for an attorney. Similarly, they may not be unaware of what the law says about being asked to meet with a federal agent in an office.

Speaking or meeting with a federal law enforcement agent and providing them with documentation requested before you have secured counsel can mean providing resources that will be used against you in a criminal case. This has the potential to cause problems for your defense. Providing information after being served with a subpoena can be a serious mistake.

Different Types of Federal Subpoenas

If you or your business receives a federal subpoena, it can be one of many types of federal subpoenas. Different agencies send their own subpoena. For example, you could get a subpoena from the FDA, FBI, or even Congress!

Trial Subpoena

There is a trial subpoena that a federal court issues for the objective of getting your appearance at a specific place, at a given time, in order to testify in court during a federal case.

Grand Jury Subpoena

There’s also the Grand Jury subpoena; this consists of 23 people that the federal court gathers for the purpose of hearing preliminary evidence to decide if there is sufficient proof that a business or individual committed a federal crime. The Assistant United States Attorney issues this kind of subpoena that requires you to provide documents, records or testimony before the Grand Jury. This is a secret hearing and you may not know what is being investigated.

Administrative Subpoena

The third type of subpoena is administrative. Most of the time, this type of subpoena requires you to provide records or documents related to a federal investigation that is ongoing. This type of subpoena is for the purpose of gathering data about possible crimes.

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Subpoena Duces Tecum

A Subpoena Duces Tecum is a court order that says “bring this specific evidence to court.” It’s pretty much used in criminal cases, where either defense or prosecution needs to bring out some crucial evidence for their case. Subpoena Duces Tecum is there to make sure evidence isn’t being hidden away. It can swing either way, helping the prosecutor or you as the defendant. Personally served or sent by certified mail are acceptable ways to be issued a Subpoena Duces Tecum. It’s got to follow procedure, and say stuff like the court’s name, the title of the proceedings, and have the court’s seal.

Legal Scenario: What Would You Do?

Scenario

You receive a phone call from an FBI agent asking you to come to their field office next week to answer questions about financial transactions in an account linked to your name. The agent says it would be 'in your best interest' to appear voluntarily and that refusing could 'make things worse.'

Am I legally required to go to the FBI office when an agent calls and pressures me to appear for questioning?

Attorney's Answer

No, you are under no legal obligation to comply with a verbal request or phone call from any federal agent — whether FBI, IRS, or Secret Service — to visit their office for questioning. Under the Fifth Amendment, you have the right to remain silent and cannot be compelled to make statements that may incriminate you outside of a formal legal process. However, if you are served with a federal subpoena issued under Rule 17 of the Federal Rules of Criminal Procedure, that is a court order carrying the force of law, and failure to comply can result in contempt of court under 18 U.S.C. § 401. Before responding to any federal inquiry or subpoena, you should immediately consult with a criminal defense attorney who can advise you on your rights, negotiate the scope of any subpoena, or file a motion to quash if appropriate.

This is general information only. Contact us for advice specific to your situation.

Complying with a Subpoena

If you’re wondering whether or not you must comply with a subpoena, the short answer is yes. However, there are always exceptions, which is the case for many aspects of the law. A subpoena must be reasonable in what is being requested and legally valid. Additionally, it cannot be overly burdensome and it cannot violate an individual right that is granted by the Constitution.

Benefits of Counsel When Served with a Subpoena