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U.S. Attorney Subpoena Lawyers
Understanding Subpoenas: A Comprehensive Guide
A subpoena refers to a request to produce documents or appear in court. A prosecutor, district attorney, court clerk, or judge can issue this request. The word “subpoena” means under penalty. Therefore, anyone who receives this request but fails to comply may be subject to civil or criminal penalties.
Types of Subpoenas
Witness Subpoena:
This is a request for someone to attend a court proceeding on a given date and offer their testimony as a witness.
Subpoena Duces Tecum:
This means a request to produce evidence. It is a request to the person in question to produce documents, books, or other relevant records under their control at a given time or place in a deposition or court hearing. In many cases, compliance may be achieved through sending or mailing the records through email or presenting the records at a particular date without a physical appearance.
Deposition Subpoena:
This is a request for a person who is not involved in a lawsuit to present business records and/or attend a deposition to respond to certain pertinent questions. A deposition subpoena is different from a subpoena duces tecum in the sense that the testimony and documents requested are used in the discovery process before a court trial and may not appear in a court hearing.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
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.
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!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
How is a Subpoena Served?
A subpoena is normally issued by a notary public, justice of the peace, or court clerk. After a subpoena has been issued, it is served to the individual in either of the following ways:
The person named in a subpoena can only produce documents that exist and are under their control and custody. The responder is not required to produce documents that they do not control or create non-existent documents. If the documents requested for are not in the responder’s control or do not exist, the responder should inform the subpoenaing party. Subpoenas may have an attachment called an “affidavit of no records“. If the responder does not have the required records, they should fill in the affidavit and submit it together with the subpoena.
Can One Negotiate The Scope of Documents to Produce in a Subpoena?
One can negotiate for the scope of documents to produce when responding to a subpoena. In many cases, the requestor (person issuing a subpoena), has no idea what files or documents exist. The requestor is not interested in wasting time going through extraneous documents and may settle for significant information that is less than what is requested for in the subpoena. However, responders are advised not to produce anything that is beyond the requirements of the subpoena unless they are producing public records.
How to Respond to a Subpoena
A person who ignores a subpoena may be held liable for contempt of court. The first step should be to read the subpoena to determine the details of the request. If the subpoena relates to the production of documents, the responder should ensure that they have all the documents in place. If the subpoena relates to a court appearance, one should prepare to give their testimony. It is also important to confirm the trial date and time to avoid penalties for defaulting.
Penalties
A person who disobeys a subpoena is subject to criminal or civil contempt of court penalties. Criminal contempt is disrespectful or disruptive conduct at court. Civil contempt is when a responder fails to produce the documents or papers requested or disobeys the terms of a subpoena, thereby, hindering the justice system.
Generally, in cases of contempt of court, a hearing is held to give the non-compliant part a chance to explain themselves. The penalties for criminal and civil contempt include fines, jail time, or both. Contempt charges hold until the responder agrees to honor the terms of the subpoena. In some cases, the responder will be required to pay attorney fees to the person who initiated the contempt hearing.
Can One Refuse to Honor a Subpoena?
In cases where the information sought is lost, privileged, or goes against the responder’s Fifth Amendment rightagainst incriminating themselves, the responders can fail to honor the terms of a subpoena.
