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What is a deposition subpoena?
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If you’re on this website it’s because you’re unsure of what a deposition subpoena is. Our goal is to help you understand what it is, and why you might need a criminal attorney to help you. A deposition subpoena is a legal instrument that compels a witness—whether they are a party to a lawsuit or a third-party—to provide sworn testimony before a trial or hearing. It is used in both state and federal cases, and is especially important in building a legal strategy. At Spodek Law Group, we understand how scary subpoenas can be. We can help you navigate this process. It doesn’t have to be complicated, or scary, if you have the right criminal attorney representing you.
If you are on this page, it might be because you (or a loved one) received a subpoena, and you’re worried about what it means. We get it. Below, we break down the basics: how a deposition subpoena works, its potential penalties, and how our attorneys can defend you,
UNDERSTANDING HOW A DEPOSITION SUBPOENA WORKS
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A deposition subpoena demands that you appear at a certain location—often a lawyer’s office—to answer questions under oath, or to produce specific documents relevant to a legal dispute. Typically, the subpoena will state a number of things such as:
- Date, time, and place of the deposition
- Scope of documents you must bring (if applicable)
- Consequences for failing to comply
Under Rule 45 of the Federal Rules of Civil Procedure (you can learn more at https://www.uscourts.gov), a deposition subpoena is enforceable nationwide in federal matters. Many state courts have similar provisions found in their procedural statutes. For instance, the New York Civil Practice Law & Rules (CPLR) has sections covering how subpoenas are issued, served, and enforced, which is easily findable.
POTENTIAL CRIMES AND PUNISHMENT FOR NOT COMPLYING
Ignoring a deposition subpoena—or lying under oath—can lead to bad consequences. “We have experience handling tough cases,” but it’s still vital you understand the penalties before you decide you don’t need an attorney:
- Contempt of Court: If you refuse to attend your deposition or fail to produce the requested documents, the court may hold you in contempt. This could mean fines, or even jail time in severe cases. Your situation will only get worse if you ignore it.
- Perjury Charges: Providing false testimony under oath can lead to criminal penalties, often classified as a felony. You could face fines, probation, or imprisonment, depending on the severity of the lie and local laws.
- Obstruction of Justice: Deliberately interfering with the legal process—for example, hiding or destroying documents—can result in additional criminal charges. In federal courts, obstruction can carry significant prison terms under statutes found on the U.S. Department of Justice’s official website.
At Spodek Law Group, our goal is to minimize these risks and get you legal help. We can help you avoid or mitigate penalties if you contact us early. The sooner you take action, the sooner you can get out of this situation.
EXPERIENCED DEDICATED
NYC CRIMINAL ATTORNEYS
We have offices throughout Long Island and NYC.
HOW WE’D DEFEND YOU IF YOU’RE SERVED WITH A DEPOSITION SUBPOENA
- Comprehensive Review of Subpoena
We start by examining the validity and scope of your subpoena. For instance, if it was improperly served or demands documents outside the scope of the case, we can file a motion to quash or modify the subpoena. Our team is known for innovative, out-of-the-box strategies that deliver results. This can help demolish the case being built against you by removing evidence. - Protecting Your Rights
Our lawyers ensure that any questioning during the deposition remains relevant to the legal dispute. If opposing counsel overreaches, we object and protect you from improper tactics. We are available 24/7 to provide legal guidance, wherever you are in the USA. This helps prevent info from being solicited, and used against you. - Negotiating with Prosecutors/Counsel
In certain scenarios—especially if you’re more than just a witness—negotiation is key. For instance, if you’re facing potential criminal liability, we will work to negotiate immunity deals or reduced exposure. Our track record of successfully handling high-profile cases (such as the Netflix-featured representation of Anna Sorokin) means we know how to approach delicate negotiations. - Challenging Improper Evidence
If the subpoena filed leads to the collection of documents or testimony in violation of your rights, we’ll work to suppress that evidence at trial. For example, if law enforcement coerced or entrapped you into making incriminating statements, we’d argue that the evidence is inadmissible. - Full Support Through Trial or Settlement
If your deposition is part of a broader criminal or civil trial, we’ll stand by you from start to finish. Whether it’s building a robust strategy, or cross-examining opposing witnesses, our attorneys fight to protect your rights. We are here to help you – and are available 24/7.
STRATEGIES TO AVOID CRIMINAL LIABILITY
Being deposed doesn’t always mean you’re a suspect. But sometimes, testifying can open you up to questioning about your own potential issues. If you did something wrong, that could come out – and a parallel investigation might be opened up into you. We take steps to minimize any adverse consequences:
- Asserting Your Fifth Amendment Rights
In certain circumstances, it could be appropriate to refuse to answer questions that could incriminate you. Our criminal attorneys will work with you on when (and how) to invoke this right without violating the terms of the subpoena. - Seeking Immunity Agreements
In some jurisdictions, you can negotiate with the prosecutor’s office to gain immunity in exchange for truthful testimony, also known as Queen for the day. This approach is important and delicate; you need attorneys who can structure agreements that fully protect you. You need someone who knows how to watch out for your blindspots. - Preparing Thoroughly
We brief you on the scope of each question, ensure you have time to review relevant documents, and help you maintain your cool under tough cross-examination. Remember: The best defense is often being well-prepared.
WE ARE RECOGNIZED AS A TOP RATED STATE, AND FEDERAL, CRIMINAL DEFENSE LAW FIRM
Many criminal lawyers across the country refer clients to Spodek Law Group because they trust us to win. We pride ourselves on handling challenging cases that others consider “unwinnable.” Our team has Over 50 Years Of Combined Experience dealing with local and national cases, from criminal defense to federal investigations. We serve an extremely curated clientele. And we do so with an online digital portal that makes communication, billing, and document sharing seamless.
CLIENT-FOCUSED SERVICE: WHY WE STAND OUT
Rock star team of attorneys
We work with experts in forensic analysis, private investigators, and specialized consultants. This means every angle of your defense is thoroughly addressed.
24/7 Availability
Emergencies don’t wait, so neither do we. Regardless of the complexity or stage of your case, we can help you anytime. We are available 24/7 to help you, especially if you’re stuck in an emergency.
Proven Results
Our high-profile successes speak for themselves. Whether it’s local matters in NYC or nationwide concerns, our achievements in court have been covered by major media outlets.
CLIENT TESTIMONIAL
“The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! … My husband was facing 5-7 years in Federal jail. By the time our free consultation was over, we left his office at ease…”
JUROR IN GHISLAINE MAXWELL MISTRIAL SCANDAL RETAINS ANNA SOROKIN’S LAWYER
Yes, that was us.
FAQ: COMMON QUESTIONS ABOUT DEPOSITION SUBPOENAS
1. Can I just ignore the subpoena?
No. Ignoring any subpoena can lead to contempt charges and possible jail time. Take it seriously and consult with a lawyer immediately. We won’t let you down.
2. What if I have documents that might incriminate me?
Depending on your situation, we will move to quash the subpoena or work toward a protective order limiting disclosure. Alternatively, if you have immunity, you could be required to produce them without risking criminal prosecution. This is something you’d want to speak to our criminal lawyers about.
3. Do I really need an attorney for a deposition?
Absolutely, there is no reason to deal with a subpoena or deposition on your own. Even if you think you have nothing to hide, a criminal attorney from Spodek Law Group can help protect you from unintentionally incriminating yourself, or making statements that could harm your interests.
4. Where can I learn more about subpoenas?
Check out the official NYS Courts website if you’re in New York, or https://www.justice.gov for federal guidance on subpoenas, rules of procedure, and enforcement measures. This is a good way to see subpoenas.
NYC CRIMINAL LAWYERS YOU CAN TRUST WITH YOUR LIFE
At Spodek Law Group, we can help you at every step of your subpoena process. We have handled complex depositions in federal and state arenas, and we know how to secure the best possible outcome for our clients. We are available 24/7 because you deserve peace of mind day or night.
REQUEST A RISK-FREE CONSULTATION
If you’ve been served with a deposition subpoena or believe one is coming, speak with us today. Regardless of where your case is, we offer the same commitment to excellence. Contact us now for a free consultation. We’ll discuss your concerns, outline possible defenses, and chart a clear path forward.