Criminal Defense Lawyers

Subpoena vs. search warrant – what’s the difference?

SUBPOENA VS. SEARCH WARRANT – WHAT’S THE DIFFERENCE?

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We can help you understand how subpoenas and search warrants work. We can help you protect your rights. Our team of NYC Criminal Lawyers has over 50 years of combined experience, and we are available 24/7 to provide a risk-free consultation. If you’re here, it’s likely because you, or someone you know, is dealing with a legal issue involving a subpoena or a search warrant—and you need answers, fast.

Regardless of the situation you find yourself in, we are here to break down what these two legal tools are, the penalties and punishments for ignoring them, and how we can build a strategy to defend you.

What Is A Subpoena?

A subpoena is a legal document that compels you to provide testimony or turn over documents relevant to an investigation or court proceeding. Often used by federal or state prosecutors, subpoenas may arrive in the mail or be served in person. They are not necessarily an accusation of wrongdoing—sometimes, you’re just a witness. Regardless, they carry the weight of the law.

• Types Of Subpoenas:
  • Subpoena ad testificandum (compelling testimony)
  • Subpoena duces tecum (compelling production of documents/evidence)

Penalties: Failing to comply with a subpoena, or ignoring it altogether, can lead to contempt charges. This could mean fines, or even jail time (see United States Department of Justice for more details on how the DOJ enforces subpoenas). Courts can also issue bench warrants if you fail to appear in response to a valid subpoena.

Crimes and Punishments: If your subpoena is part of a broader criminal investigation, refusing to comply could be seen as obstructing justice or hindering prosecution, both of which can carry serious penalties.

Our Strategy:

1. Review Legitimacy: We verify that the subpoena was properly served and has jurisdiction over you. If there’s a technical flaw, we can move to quash it or request a protective order.
2. Assess Scope: Sometimes, subpoenas are overly broad. We help you limit or negotiate the scope to protect your privacy.
3. Protect Privileges: We evaluate if the requested items are protected by privileges, such as attorney-client privilege.
4. Engage in Pre-Trial Negotiation: We frequently negotiate with prosecutors or investigators to narrow down what’s needed or arrange alternative compliance methods.

What Is A Search Warrant?

SEARCH WARRANTS: COURT-ORDERED SEARCHES

A search warrant is a court order that allows government agents to search a specific location and seize evidence. Typically, law enforcement must demonstrate probable cause to a judge before a warrant is signed. This process is guided by the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures (see FBI.gov for more info on federal law enforcement procedures).

• How Search Warrants Are Obtained: A law enforcement officer submits an affidavit detailing why there’s probable cause to believe that evidence of a crime is present at the place to be searched.
• Areas to be Searched: A warrant must specify the location and items to be seized. Officers can’t generally search beyond what the warrant covers (unless new probable cause arises on the spot).

Penalties: If law enforcement shows up with a valid search warrant, refusing them entry or interfering can lead to additional charges, such as obstruction of justice. If the search turns up incriminating evidence, you could face arrests, new criminal charges, or have your case escalated to federal prosecutors.

Crimes and Punishments: Often, search warrants come into play in cases of drug possession, fraud, white collar crimes, or violent offenses. The discovery of evidence in your home, office, or electronic devices might lead to severe penalties—ranging from misdemeanors to felonies with lengthy prison sentences.

Our Strategy:

1. Challenge Probable Cause: We investigate whether the affidavit truly established probable cause. If it didn’t, we move to suppress the evidence obtained.
2. Examine Execution Procedures: If police exceeded the scope of the warrant or searched improperly, we can argue to exclude that evidence from court.
3. Assert Constitutional Rights: We determine if your Fourth Amendment or Fifth Amendment rights were violated at any point.
4. File Pre-Trial Motions: These motions can weaken the prosecution’s case significantly—even resulting in dismissal if key evidence is suppressed.

Subpoena vs. Search Warrant – The Core Differences

HEADLINE NEWS STYLE: “Same Case, Two Very Different Tools.”

1. Consent Element

   • Subpoena: You typically have time to comply or challenge the request in court.
   • Search Warrant: It grants immediate authority to law enforcement to enter, search, and seize evidence—often without your prior agreement.

2. Scope and Timing

   • Subpoena: You gather documents or prepare to testify on a future date.
   • Search Warrant: Agents arrive, sometimes unannounced, to conduct a search in real time.

3. Constitutional Safeguards

   • Subpoena: You have the right to challenge it (motion to quash), asserting privileges or constitutional objections.
   • Search Warrant: Must be backed by probable cause; if not, evidence found might be inadmissible under the exclusionary rule.

4. Penalties for Non-Compliance

   • Subpoena: Possible contempt, fines, or jail for refusal.
   • Search Warrant: Resisting or obstructing can lead to new criminal charges.

NYC CRIMINAL LAWYERS YOU CAN TRUST

We are Spodek Law Group. We’ve been recognized for representing clients nationwide. We know how serious it is when you’re faced with legal mandates like subpoenas or search warrants. Our objective is simple: get you the best possible outcome.

Strategies to Beat Charges

REGARDLESS OF THE SITUATION you find yourself in, here’s how we can help:

• Immediate Legal Guidance: Once you realize you’re the subject of a subpoena or search warrant, you should call us immediately. We’re available 24/7.
• Thorough Investigation: We examine every detail to see if there were any constitutional violations or procedural errors.
• Negotiation with Prosecutors: Often, being proactive leads to better resolutions—potentially lessening the severity of the charges or penalties.
• Litigation if Necessary: If there’s no favorable settlement, we are unafraid to fight in court. We have experience going up against tough prosecutors and federal agents.

Crimes and Punishments to Keep in Mind

If the subpoena or search warrant relates to serious crimes—such as drug trafficking, grand larceny, theft of services, or white collar fraud—penalties can be steep. We’re talking potential felony convictions carrying years of incarceration, substantial fines, loss of certain constitutional rights, and more.

What Should You Do If You’re Subpoenaed or Served With A Search Warrant?

First, don’t panic. Stay calm. Call us—NYC criminal attorneys with over 50 years of combined experience. We’ve handled cases involving high-profile figures and newsworthy investigations. We know how to protect you, your property, and your rights.

Next, don’t speak to investigators without counsel present. Anything you say can be used against you. Let us interface with the authorities on your behalf.

KEY POINTS TO REMEMBER:

• Document Everything: Keep copies of the subpoena or warrant. Note times, dates, and names of the officers.
• Be Polite: Being combative with law enforcement can lead to unnecessary escalations. Protect your rights, but remain calm.
• Consult an Attorney: Even if you believe you have nothing to hide, an attorney can identify hidden risks and potential charges.