Criminal Defense Lawyers

How To Get Out Of A Subpoena?

How to Get Out of a Subpoena: Strategies from Spodek Law Group

You’ve just been served with a subpoena. Your heart races as you read the formal legal document demanding your appearance or documents. What now?First off, don’t panic. While a subpoena may seem scary, our experienced attorneys at Spodek Law Group are here to help guide you through the process. With our knowledge and skill, we can determine the best approach to either comply with or challenge the subpoena.

Understanding the Basics of Subpoenas

Before we dive into strategies, let’s cover some subpoena fundamentals. A subpoena is a court-ordered command requiring you to provide testimony, documents, or both. There are two main types:

1. Subpoena ad testificandum: Requires you to appear and give testimony
2. Subpoena duces tecum: Demands specific documents to be produced

Subpoenas can be issued in both civil and criminal cases. In civil lawsuits, attorneys can issue subpoenas themselves. But in federal criminal investigations, subpoenas are typically issued by a grand jury at a prosecutor’s request.Regardless of the subpoena’s origin, you can’t just ignore it. Doing so could land you in contempt of court, resulting in fines or even jail time. That’s why it’s crucial to respond, but in the right way – and that’s where we come in.

Grounds for Challenging a Subpoena

While you can’t outright ignore a subpoena, you may have grounds to challenge it. Here are some common reasons a subpoena might be invalid:

1. Improper Service

For a subpoena to be enforceable, it must be properly served according to strict procedural rules. If the subpoena wasn’t personally handed to you or an authorized agent, you may be able to object on grounds of improper service.

2. Lack of Reasonable Time for Compliance

You must be given a reasonable timeframe to comply with the subpoena’s demands. If the deadline is overly burdensome or you need more time to gather the requested information, we can push back and request an extension.

3. Oppressive or Unduly Burdensome Requests

Some subpoenas are fishing expeditions, demanding an overly broad swath of documents. If complying with the subpoena would be excessively costly, time-consuming, or disruptive to your life or business, we can argue to narrow the scope.

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2024-03-21

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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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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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.

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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!

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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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4. Privileged or Protected Information

Certain communications and documents are shielded by legal privileges, like attorney-client privilege, doctor-patient confidentiality, or spousal privilege. If the subpoena seeks information in one of these protected categories, we can assert the relevant privilege to prevent disclosure.

5. Irrelevant Requests

The information sought by a subpoena must be relevant to the issues in the case. If the subpoena demands documents or testimony that have no bearing on the lawsuit, we can move to quash it as irrelevant.

Strategies for Handling a Subpoena

At Spodek Law Group, we tailor our approach to the unique demands of each subpoena. Once we’ve analyzed whether the subpoena is valid and enforceable, we’ll chart the best path forward.

Negotiate with the Issuing Party

In many cases, a phone call to the attorney who issued the subpoena can clear things up. We may be able to:

• Get the subpoena withdrawn entirely
• Narrow the scope of documents requested
• Arrange for a convenient time and location for testimony
• Agree that documents can be provided in lieu of live testimony

With skillful negotiation, we can often resolve subpoena issues without ever going to court. That’s why it’s so important to get us involved early, before taking any action on your own.

File a Motion to Quash

If the subpoena is defective or we have strong grounds to challenge it, our next step is typically to file a motion to quash. This formal request asks the court to invalidate the subpoena.The motion lays out our legal arguments against the subpoena. We might assert that:

• The subpoena wasn’t properly served under the applicable rules
• It places an undue burden on you to comply
• It seeks privileged or confidential information
• The requested documents or testimony are irrelevant

If the judge grants our motion, the subpoena is nullified and you’re off the hook. If the motion is denied, we may be able to file an appeal or take other steps to protect your rights.

Appear and Object

In some cases, it may be necessary to appear as demanded by the subpoena. But that doesn’t mean we roll over and comply.If you’ve been subpoenaed for testimony, we’ll be right by your side. Our attorneys will raise objections to improper questions and ensure you’re not bullied or misled.If the subpoena requests documents, we’ll carefully review them first. We may withhold or redact records protected by privilege. If the requests are overly broad, we’ll produce a more limited set of documents and detail our objections in a written response.By appearing and objecting, we preserve your rights and make a record of the subpoena’s issues. This sets the stage for further court relief if needed.

Protect Yourself, Call Spodek Law Group

Receiving a subpoena can be daunting, but you don’t have to face it alone. With a powerhouse firm like Spodek Law Group in your corner, you can rest assured that your rights will be fiercely protected.Our attorneys have decades of experience handling all types of subpoenas, from civil lawsuits to high-stakes criminal investigations. We know the ins and outs of the rules and have a proven track record of success in challenging defective subpoenas.Don’t make the mistake of trying to resolve a subpoena on your own. What you say and do now can have lasting consequences. Let our skilled legal team guide you through each step and craft the smartest strategy for your situation.