The sudden arrival of a subpoena from the U.S. Attorney’s Office can send a shiver down your spine. Whether it’s a demand for documents, testimony, or both, a thoughtful, informed approach is required to respond to a subpoena.
Ignoring or mishandling a subpoena can lead to severe consequences, including fines and even potential criminal charges. Yet, many individuals receiving subpoenas feel overwhelmed and unsure how to proceed. Understanding your rights and obligations is paramount in ensuring a proper response.
At SKT Law, we specialize in navigating the complexities of white-collar legal proceedings, including responding to subpoenas. Our experienced attorneys deeply understand federal law and can guide you through this process, protecting your interests every step of the way.
How Long Do You Have to Respond to a Federal Subpoena?
The deadline to respond to a federal subpoena depends on the type of subpoena.
Subpoena to Produce Documents (Subpoena Duces Tecum):
Typically, you have 14 days from the date of service to comply with a subpoena for documents. However, the subpoena itself should specify the exact deadline.
Subpoena to Testify (Subpoena Ad Testificandum):
For testimony subpoenas, the deadline is the date and time specified in the subpoena for your appearance. If you cannot appear on that date, you must notify the issuing party immediately and request an alternative date.
What Happens if You Don’t Respond to a Subpoena?
Failure to respond to a subpoena can have serious consequences. A court may hold you in contempt, which could lead to fines or even imprisonment. Additionally, ignoring a subpoena could negatively impact your credibility or weaken your position in any related legal proceedings.
Consequences of Non-Compliance:
- Contempt of court: The court may impose monetary sanctions or even jail time.
- Adverse inferences: Your failure to comply may be used against you in court.
- Loss of credibility: Your refusal to cooperate can damage your reputation and credibility.
It’s crucial to consult with an attorney promptly to understand your obligations and determine the best course of action.
Related Article: Common Mistakes to Avoid in White-Collar Crime Investigations
What Is the Difference Between a Summons and a Subpoena?
A summons and a subpoena serve distinct purposes in legal proceedings. Understanding this distinction is crucial, as it dictates your required response and the potential consequences of non-compliance.
Summons:
A summons is a court order that initiates a lawsuit, additionally, It notifies you that you are being sued and must respond to the complaint within a specified timeframe.
Subpoena:
According to the Judicial Branch of California, a subpoena is a way to obtain information from people who are not involved in your case. It can be issued in both civil and criminal matters. An attorney, a government agency, or a court can issue a subpoena.
Receive a Free Consultation Regarding How You Should Respond to a Subpoena
Receiving a subpoena can be a stressful experience, but with the right guidance, it doesn’t have to be overwhelming. By understanding your rights, obligations, and the potential consequences of non-compliance, you can make informed decisions and take appropriate action.
At SKT Law, our team of experienced attorneys is well-versed in responding to subpoenas and can provide you with the expert counsel you need. Our Orange County office is conveniently located to serve clients facing federal subpoenas in Southern California. We will analyze your subpoena, assess your options, and develop a strategy that safeguards your legal standing.
Don’t face this challenge alone. Contact us or fill out the form below for a free, confidential consultation.