Criminal Defense Lawyers

Subpoenaed in Raleigh? Renowned Attorneys to Represent Your Interests

You’ve Been Subpoenaed in Raleigh – Here’s What to Do

So, you just got hit with a subpoena – and you’re not sure what the heck it means, or what to do next. Take a deep breath, we’ve got you covered.Getting subpoenaed can be stressful, confusing, even a little scary – but it doesn’t have to be. With the right knowledge and an experienced legal team on your side, you can handle this situation like a pro.At Spodek Law Group, we deal with subpoenas all the time. Our criminal defense attorneys have seen it all – from simple misdemeanors to complex federal cases. We know exactly how to respond when the law comes knocking.In this guide, we’ll break down everything you need to know about being subpoenaed in Raleigh. We’ll explain what a subpoena actually is, the different types, what they require from you, and most importantly – how to respond effectively to protect your rights.

What is a Subpoena?

Let’s start with the basics. A subpoena is a legal document that commands you to do something. Typically, it will either:

1. Require you to testify by showing up to court or a deposition on a certain date.
2. Require you to produce certain documents, records, or other physical evidence.
3. Or both – testify and bring documents.

Basically, it’s the court’s way of gathering information and evidence for a case. Seems simple enough, right? Well, not so fast – there’s a lot more to unpack here.First off, subpoenas get divided into different categories based on what they’re asking from you. The two main types are:

Subpoena Ad Testificandum – This is a subpoena requiring you to show up and testify in person, either at a trial, hearing, or deposition. It commands your presence.

Subpoena Duces Tecum – This one requires you to produce documents or physical evidence related to the case. It commands you to hand over certain materials.The subpoena will spell out exactly what you need to do – show up on X date at X location, and/or produce X documents by X deadline.Now, who actually issues these things? That could be:

• A court clerk
• A judge
• A prosecutor
• Or sometimes even the opposing party’s attorney

It all depends on the specific case and jurisdiction. For example, in North Carolina criminal cases, only court officials like judges and clerks can issue subpoenas – not the prosecutor directly.But no matter who issued it, a subpoena is an official court order. Ignoring one or failing to comply can get you held in contempt of court – meaning fines or even jail time are on the table. Yeah, it’s that serious.

Why Were You Subpoenaed?

Okay, so now you know what a subpoena is. The million dollar question is – why did you get one?Well, there could be a few different reasons:

You’re a Witness – Maybe you saw something related to an alleged crime, and prosecutors want your eyewitness testimony. Or you have documents or evidence that’s relevant to the case.

You’re a Subject/Target – This is the more serious scenario. If you’re a subject or target of an investigation, that likely means law enforcement believes you were directly involved in or have key information about alleged criminal activity.

It’s a Fishing Expedition – Sometimes, investigators will cast a wide net by subpoenaing tons of people and records, hoping to find something useful. It’s a speculative move, but it happens.The subpoena itself usually won’t spell out exactly why you were summoned. But the context clues – like whether it’s for testimony, documents, or both – can give you a hint about your role in the case.If you’re not sure, or the subpoena seems overly broad or burdensome, it’s a good idea to consult a lawyer immediately. An experienced attorney can help decipher the subpoena and advise you on the best way to respond.

Federal vs State Subpoenas

Another key factor is whether your subpoena was issued by state or federal authorities. The two systems have some similarities when it comes to subpoenas, but also some crucial differences:

Federal SubpoenasOn the federal level, subpoenas usually come from one of three sources:

1. Federal prosecutors from the U.S. Attorney’s Office
2. A federal grand jury
3. Federal agencies like the FBI, DEA, IRS, etc.

Federal grand jury subpoenas are particularly serious. These are issued in major criminal investigations, and they have tremendously broad power to compel testimony and demand documents.If you get a federal grand jury subpoena, it’s absolutely vital that you have a skilled federal criminal defense attorney advising you before doing anything. Do not attempt to handle this on your own.

State Subpoenas-At the state level in North Carolina, subpoenas are covered by the North Carolina Rules of Civil Procedure and Criminal Procedure.The rules vary a bit from the federal system, but the core concept is the same – a subpoena is a court order that you must follow, or face potential penalties.State subpoenas can be issued in both criminal and civil cases by:

• Judges
• Court clerks
• Attorneys representing either side

While not quite as heavy-hitting as a federal grand jury subpoena, you should still take a state subpoena very seriously and consider consulting a lawyer, especially if it involves a criminal matter.

How to Respond to a Subpoena

So you got subpoenaed – now what? Here are the key steps to take:

1) Read it CarefullyThe first thing you need to do is read the subpoena thoroughly and make sure you fully understand what it’s asking from you. Note:

• Who issued the subpoena (federal prosecutors, state court, etc.)
• What specific documents or testimony is being requested
• The deadlines for compliance
• Where you need to appear or send materials

Don’t make any assumptions. If anything is unclear, contact the issuing party and get clarification in writing.

2) Decide if You Need a LawyerBased on the subpoena details and your role in the case, you’ll need to decide if you should hire legal representation or not.If it’s just a routine subpoena asking for some documents you have no issue producing, you may be able to comply on your own.But in many cases – especially anything involving criminal charges or complicated requests – it’s highly advisable to have an experienced attorney review the subpoena and guide your response.An lawyer can help assert any privileges you may have, negotiate scope/deadlines, object to unreasonable requests, and ensure you don’t accidentally incriminate yourself or others.

3) Gather Responsive DocumentsIf the subpoena calls for producing documents or records, you’ll need to diligently search for and collect all responsive materials that are under your possession, custody, or control.Be extremely thorough here, as holding anything back could open you up to charges of obstruction or contempt.

4) Review for PrivilegesWith your lawyer’s guidance, carefully review all gathered documents to identify any that may be protected by privileges like:

• Attorney-client privilege
• Doctor-patient confidentiality
• Spousal communications
• Trade secrets

You generally don’t have to produce privileged materials, but you’ll need to properly assert the privilege and create a “privilege log” documenting what’s being withheld.

5) Comply or ObjectFor non-privileged materials, you’ll need to fully comply with the subpoena by the deadline, unless your lawyer objects on valid grounds like:

• Overly broad scope
• Undue burden
• Lack of relevance to the case

If objecting, be prepared to negotiate a solution or potentially litigate the issue in court.**6) Show Up and Testify Truthfully **If you’re subpoenaed to testify, make sure you show up on the required date and time, or you could face contempt charges.Come prepared, and be sure to tell the full truth to every question – lying under oath is perjury and can lead to serious criminal charges.

Why Hire a Subpoena Defense Lawyer?

Look, responding to a subpoena – especially one involving criminal allegations – is a legal minefield. There are so many potential pitfalls and ways you could inadvertently incriminate yourself or others.That’s why it’s absolutely critical to have an experienced subpoena defense attorney in your corner from the very start. An expert lawyer can:

• Decipher the subpoena’s meaning and your legal obligations
• Identify and assert any applicable privileges
• Object to unreasonable, overboard, or irrelevant requests
• Negotiate scope, deadlines, and compliance terms
• Prepare you to testify truthfully without implicating yourself
• Defend you against any contempt or obstruction charges
• Represent your interests every step of the way

At Spodek Law Group, our nationwide team of former prosecutors and legal experts have handled thousands of subpoena cases at all levels – state, federal, you name it. We know this process inside and out.When your rights, reputation, and freedom are at stake, you need to take a subpoena seriously from day one. Having a powerhouse legal advocate in your corner could make all the difference.