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What is a trial subpoena?
WHAT IS A TRIAL SUBPOENA?
If you’re on our website, it’s likely because you or a loved one is in legal trouble – and needs help. A trial subpoena is an official document compelling someone to appear in court, or to provide evidence relevant to a criminal or civil matter. In many cases, it’s issued by the court at the request of attorneys.
AS SEEN ON major government sites like the United States Courts website, a subpoena typically states where and when the recipient must appear, or what documents they have to bring to the meeting. Failing to comply with the subpeona can lead to severe penalties, including potential financial fines or even jail time for contempt of court, as outlined by the Department of Justice in various federal prosecutions.
WHY DO I NEED A CRIMINAL LAWYER WHEN DEALING WITH A SUBPOENA?
If you’re facing a trial subpoena, it means you’re involved in a legal proceeding which can alter your life. We can help you. Our criminal defense lawyers have over 50 years of combined experience responding to trial subpoenas, negotiating with prosecutors, and appearing before judges when dealing with your trial subpoena. You don’t want to navigate this problem alone. A criminal lawyer can help explain your obligations, protect your rights, and shield you from making critical mistakes. You don’t want to make mistakes which could later accidentally result in you being accused of committing a crime you didn’t do.
NYC CRIMINAL LAWYERS
We are recognized as a top rated state, and federal, criminal defense firm. Whenever someone receives a trial subpoena, it can feel terrifying. Regardless of the stage your case is in, we can help you understand exposure, handle communications with law enforcement, and proactively respond to the court.
WHAT HAPPENS IF I IGNORE A TRIAL SUBPOENA?
Ignoring a court-issued subpoena is a very big mistake. Failure to respond to the subpoena can result in a number of penalties, such as:
- Contempt of Court: Judges can hold you in criminal contempt, which may lead to heavy fines or even jail time.
- Arrest Warrants: In certain situations, if you repeatedly ignore a subpoena, an arrest warrant can be issued for you.
- Damaged Credibility: If you ever need to testify, or protect your rights in a future legal case, failing to comply once can hurt your reputation. If you go to jail, this can end up hurting your future prospects in life.
REGARDLESS OF THE SITUATION YOU FIND YOURSELF IN, it’s crucial to handle subpoenas, carefully and properly. Our legal team is DEDICATED to guiding you at each step of the process, and making sure you don’t go to jail.
COMMON CRIMINAL OFFENSES LINKED TO SUBPOENAS
Trial Subpoenas can come from an array of alleged offenses. Some of the most frequent offenses are:
- White Collar Crimes: Embezzlement, fraud, money laundering are examples of white collar crimes which can result in subpoenas.
- Drug Charges: Possession, distribution, or conspiracy.
- Assault and Robbery: Violent crimes often entail critical eyewitness testimony.
- Federal Offenses: Bank fraud, wire fraud, RICO violations, or other complex investigations.
If the case goes to trial, you might get subpoenaed to testify or to surrender documents. If you are the defendant, you need a STRONG legal defense strategy. If you are a witness, you want to avoid any statements that might incriminate you inadvertently.
PENALTIES, CRIMES, AND PUNISHMENT
New York has a wide range of penalties when it comes to criminal convictions—fines, probation, community service, or even extensive prison sentences. On the federal level, penalties can be even harsher, often subject to mandatory minimum sentences. In the event you’re accused of a felony, you could be looking at MANY years behind bars, not to mention loss of civil rights and a permanent criminal record.
If you’re reading this, and you have a trial subpoena in hand, you should know that ignoring or mishandling it can lead to criminal contempt charges, which also come with serious punishments.
OUR STRATEGIES FOR DEFENDING YOU ARE LIMITLESS
We have offices throughout Long Island and NYC, and our approach to defending subpoena-related cases is thorough and strategic. Here are some ways our attorneys fight for you:
- Case Assessment and Discovery We start by scrutinizing the subpoena itself. Is it valid? Did law enforcement follow the right procedures? Are there any constitutional protections at play—such as your Fourth Amendment rights against unlawful searches and seizures? We pride ourselves on exploring all angles.
- Motion to Quash In certain circumstances, our attorneys can file a motion to quash the subpoena—essentially challenging its legality or scope. This can happen if the subpoena is overly broad or if compliance would be unduly burdensome.
- Fifth Amendment Privilege Sometimes, you might have the right to refuse to testify if answering questions could incriminate you.Underline that principle: You do not have to make statements that incriminate yourself. Our attoorneys can guide you on when and how to assert this privilege.
- Negotiating with Prosecutors If you’re on the receiving end of a trial subpoena due to alleged involvement in a crime, we can speak directly with government lawyers. Often, these negotiations can lead to plea agreements, cooperation deals, or other arrangements that mitigate your risk.
- Courtroom Representation If your case goes to trial, we’re prepared to fight. We create a tailored strategy for you: examining witnesses, presenting evidence, and poking holes in the prosecutor’s argument. Our job is to ensure the jury sees your side of the story.
JUROR IN GHISLAINE MAXWELL MISTRIAL SCANDAL RETAINS ANNA SOROKIN’S LAWYER
We’ve seen high-profile examples of subpoenas in major cases. Subpoenas were central in collecting testimony. Regardless of the crime, or the location, we are available 24/7 to help you navigate this process.
TOP RATED FEDERAL CRIMINAL DEFENSE
Federal courts can be intimidating, especially if you’ve never faced charges before. We are one of the few law firms nationwide capable of providing a digital portal for communication, which means you get real-time updates on your case and any subpoenas. If the Department of Justice issues a federal subpoena against you, the stakes are high. Our attorneys know how to respond swiftly.
IF YOU’RE ACCUSED OF A CRIME, WE CAN HELP YOU
Don’t wait for a court date in order to start thinking about legal counsel. Even if law enforcement only wants a statement, it’s best to have your own private criminal lawyer present. It’s your right, and exercising that right is your best line of defense.
SPEAK TO A CRIMINAL ATTORNEY NOW
We recommend that you start speaking to a criminal lawyer the moment you get a subpoena. Ask questions, gather documents, and share every detail with your team. In some situations, showing up proactively (before any deadline) to sort out misunderstandings can prevent big headaches down the road.
EXPERIENCED. DEDICATED.
Our criminal lawyers bring many, many years of collective defense experience to the table. We know how prosecutors think. We know the tactics and strategies that are used in both state and federal courtrooms. And we fight for our clients to get the best outcome.
FREQUENTLY ASKED QUESTIONS
What if the subpoena is for documents I no longer have?
You have to let the court know you can’t produce them. If there’s a credible reason, it will get accepted. A lawyer can explain your obligations, so you’re not accused of destroying or withholding evidence.
Can I be forced to testify against someone I know?
Typically, yes – you can be forcer to testify against someone you know. However, if you have concerns—like spousal privilege or possible self-incrimination—your attorney can address them.
Will hiring an attorney make me look guilty?
No. Hiring a lawyer simply means you understand the situation’s importance. We regularly represent individuals who aren’t charged with a crime but are subpoenaed as witnesses. You have the right to defense.
CLIENT TESTIMONIALS
People facing subpoenas or accusations trust us to guide them through the process. One former client remarked: “Honestly, we were very lost. My husband and I felt alone… By the time our consultation was over, we had answers and a sense of relief.”
WE ARE AVAILABLE 24/7
If you have a subpoena in hand, or suspect you might receive one, now is the time to act. Our attorneys can provide clarity, reduce your stress, and stand by you through all proceedings.
CONTACT US FOR A RISK-FREE CONSULTATION
We encourage you to reach out—regardless of the stage you’re in. Ask the questions that matter. Let’s discuss your concerns, the timeline, and any potential outcomes.