What Is The Penalty For Refusing A Congressional Subpoena
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Penalty For Refusing A Subpoena
So, what do you do if you get hit with one of these things? A subpoena is a court order, demanding your cooperation. It’s not a request, it’s a command. Ignoring one is a very, very bad idea. But, take a deep breath. We’ll walk through this together.
What Exactly Is A Subpoena?
A subpoena is essentially the court flexing its authority over you. There are two main types:
- Subpoena Ad Testificandum: This requires you to show up and testify under oath. Maybe at a trial, hearing, or deposition.
- Subpoena Duces Tecum: With this, you must produce documents or other evidence.
Either way, you’re legally obligated to comply. Refusing to do so can land you in seriously hot water.
The Consequences Of Refusal
Defying a subpoena is considered contempt of court. And judges really, really don’t like being held in contempt. The potential penalties are no joke:
- Criminal Charges: You could face criminal contempt charges, which is a crime punishable by fines and jail time. We’re talking up to 6 months behind bars.
- Civil Penalties: The court can impose civil contempt sanctions like hefty fines until you comply with the subpoena.
- Arrest Warrant: In some cases, the judge might even issue a warrant for your arrest to compel your compliance.
It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we make it our mission to fight tooth and nail for our clients. We don’t take contempt charges lightly.
But I Have A Good Reason!
Maybe you think you have a valid excuse for not complying. Like attorney-client privilege, or your constitutional rights. That’s fine, but you can’t just ignore the subpoena. You need to go through the proper legal channels:
- File a Motion to Quash: This asks the court to cancel or modify the subpoena based on your objections.
- Assert Your Privilege: If testifying would violate privileges like attorney-client or doctor-patient, you can refuse to answer specific questions by invoking that privilege.
The key is following the rules. A unilateral refusal to comply is a bad move that can blow back on you hard.
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2024-03-21
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2024-03-18
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2024-03-18
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2024-03-15
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Get A Lawyer Involved
Look, subpoenas are serious business involving complex legal issues. That’s why it’s absolutely critical to have skilled legal representation in your corner. An experienced attorney can:
- Evaluate the subpoena’s validity and scope
- Advise you on your rights and obligations
- File motions to quash or modify if appropriate
- Represent you if you face contempt charges
- Negotiate with the opposing party’s lawyers
At Spodek Law Group, our nationwide team has decades of experience handling tough subpoena issues for clients across the country. We know the stakes, and we’ll fight to protect your interests every step of the way.