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How long do I have to comply with a subpoena?
How long do I have to comply with a subpoena?
A subpoena that was issued by a court is a legal document, and it orders you to appear in court or provide specific records. You might receive it because you have information that is important to a lawsuit or a government investigation.
Why do courts issue subpoenas?
Courts that are handling legal disputes often want proof that clarifies important facts. This proof could be documents that were created by your business, or testimony that explains something only you know. Regardless of why you are involved, a subpoena is a serious matter.
How long do I have to comply with a subpoena?
OW LONG DO I HAVE TO COMPLY WITH A SUBPOENA?
In most cases, the subpoena that was served on you will have a date by which you must respond or appear. Federal courts often expect you to comply within a reasonable amount of time, which can be as short as a few weeks, or even less.
If you fail to respond by the deadline, you could face penalties. That can include a contempt of court charge, which can lead to financial fines, or even jail time. Once a judge sees that you are ignoring a subpoena, the judge might issue a bench warrant. That means law enforcement can come looking for you, which can affect your freedom and your livelihood.
Penalties that are imposed for ignoring or disobeying a subpoena can include criminal and civil consequences. A court that is handling your case can fine you, or it can decide that you should pay extra fees. In severe situations, the court can impose jail time. This means you could lose your freedom, and you could jeopardize your employment and family obligations.
When financial fines are involved, they can grow quickly. That can mean you could end up with penalties that range from a few hundred dollars, to thousands of dollars. These costs can create real stress, which can affect your credit and your future plans. Whenever you face a subpoena, your best move is to handle it promptly, so you can avoid these dangers.
Can you negotiate the deadline?
Sometimes you can. Judges who have busy court calendars understand that gathering documents might take time. If you have a valid reason for needing an extension, you can file a motion to extend the deadline. This motion that was filed on your behalf could persuade the court to give you more time, which can reduce stress and help you respond thoroughly.
What happens if you cannot find the records?
If you truly do not have the documents that the subpoena demanded, you can inform the court. This is not a “free pass,” and you might still have to explain the location of those records, or prove you never possessed them. If you try to hide them, or lie about them, you could face charges of obstruction, which can lead to further penalties. That means more fines, and even potential jail time.
STRATEGIES FOR DEFENDING YOU
At DelanceyStreet.com, we look at every angle of your situation. Here’s what we can do:
- Review the Subpoena: We analyze whether the subpoena that was served on you meets legal standards, and if there is a legitimate reason for it. If the subpoena that was issued is incomplete, or overly broad, we can challenge it.
- Communicate With the Court or Government Agency: We talk to prosecutors, or the lawyers who sent the subpoena, so we can request extensions or narrow the scope. That means you might have less paperwork to gather, and less legal stress.
- File Motions to Quash: A motion to quash is a request that the court cancel the subpoena. If a subpoena that was delivered to you is unfair or improper, then the court might agree to throw it out. When a subpoena is thrown out, you don’t have to comply. That can help you preserve your privacy, and avoid legal complications.
- Negotiate Penalties: If you already missed the deadline, or you are late, we can negotiate with the prosecutor. That could lead to reduced penalties, or a more manageable arrangement. This helps protect your financial health, so you can stay focused on your business and your family.
Possible Consequences of Non-Compliance
If you ignore a subpoena that was lawfully served, you risk a host of problems:
- Contempt of Court: A judge that is annoyed by your refusal could impose jail time. This harms your freedom, and it can disrupt your entire life.
- Financial Fines: Courts can issue large fines, which can hurt your bank account, and affect your ability to pay other bills.
- Warrants for Arrest: If you fail to appear for a subpoena that demands your presence in court, the judge might issue a warrant, which can lead to an arrest at work or at home.
READY TO TALK? GET A RISK FREE CONSULTATION
If you need immediate help, you can reach out to us for a risk free consultation. Our team stands ready to guide you. Regardless of the situation you find yourself in, we can help you.
We are here to protect your rights, and your business.
IMPORTANT DISCLAIMER
This content is not legal advice. If you have questions about a legal subpoena that was issued to you, please consult an attorney who is licensed to practice law in your state. No client-attorney relationship is created by reading or interacting with this article. Every person’s case is unique, and results can vary.