Criminal Defense Lawyers

Dealing with a Subpoena in Newark? Top-Rated Lawyers to Fight for You

Getting Served with a Subpoena

Have you received a subpoena, requiring you to testify or provide documents in Newark, New Jersey? Don’t panic, but take this seriously. A subpoena is a court order, and ignoring it can have severe consequences.Let’s start with the basics. There are two main types of subpoenas:

• A subpoena that requires you to testify, either at a trial, hearing, or deposition. This is called a “subpoena ad testificandum.”
• A subpoena that requires you to bring documents or other evidence. This is called a “subpoena duces tecum.”

You may receive one or both types. The subpoena will specify what you need to do and when.

Why Were You Subpoenaed?

There could be several reasons why you received a subpoena. Maybe you witnessed an event related to a criminal or civil case. Or you might possess documents or other evidence relevant to the matter.Regardless of the reason, you have to respond. Ignoring a subpoena is a form of contempt of court, which can lead to fines or even jail time.

Your Options for Responding

So what can you do? You have a few options:

1. Comply with the subpoena. If the subpoena seems valid and you don’t have a legal reason to object, your best bet is to follow its instructions. Show up on the specified date, ready to testify or provide the requested documents.
2. File a motion to quash or modify the subpoena. You can ask the court to cancel (“quash”) or change (“modify”) the subpoena if you have valid legal grounds. Common reasons include:
   • The subpoena is unreasonably burdensome or expensive to comply with.
   • The requested testimony or documents are irrelevant to the case.
   • The subpoena violates your legal privileges, like attorney-client or doctor-patient confidentiality.
   • The subpoena fails to give you enough advance notice.
3. Seek a protective order. Similar to a motion to quash, you can ask the court to issue a protective order limiting or preventing certain discovery requests, like a subpoena.
4. Try to resolve it informally. Before taking legal action, you could contact the party who issued the subpoena and try to resolve any issues through negotiation. They may agree to withdraw or modify the subpoena.

No matter which option you choose, act quickly. There are strict deadlines for filing motions or objections. Missing the deadline could eliminate your ability to challenge the subpoena.

The Consequences of Not Complying

If you defy a subpoena without a valid legal excuse, there can be serious consequences. The court could hold you in civil or criminal contempt, which means:

• You could face fines or even jail time for civil contempt.
• For criminal contempt, you could receive an actual jail sentence.

The penalties get worse the longer you refuse to comply. Ignoring a subpoena is a risky move that’s not worth the potential fallout.

When to Hire a Lawyer

Given the high stakes involved with subpoenas, it’s wise to consult a lawyer, especially if you plan to object or negotiate. An experienced attorney can:

• Evaluate the subpoena’s validity and your legal grounds for challenging it.
• File the proper motions and represent you in court.
• Negotiate with the other party to limit the subpoena’s scope.
• Ensure you meet all deadlines and procedural requirements.
• Advise you on handling the subpoena while protecting your rights.

Trying to navigate this process alone is extremely difficult and inadvisable. A lawyer’s guidance can make a tremendous difference.