12 Sep 2023
Criminal Defense
You’re at home or working in your office, expecting it to be like any other day, until someone comes in and hands you a subpoena. You’re probably a bit flabbergasted, not sure of what exactly is going on and what it means. Subpoenas can mean a lot of things, and depending on the type of subpoena, and what it’s asking of you, you may be in trouble.
Subpoenas are also something your legal team can use to get evidence for your legal defense, just like how they can be used to get evidence against you. They’re tools of both the prosecution and the defendant, making them all the more complicated.
If you’ve received a subpoena, or have been charged with a crime, you want to contact the criminal defense attorneys at Lermitte & Lubin, LLC to obtain representation. We can guide you through the legal defense process. Don’t incriminate yourself, defend yourself.
What Are Subpoenas?
A subpoena is a legal document issued by a court to compel a person to do one of two things: testify in a case or produce documents/other tangible evidence relevant to the case. For an example of the former, consider the scene of a car accident. Someone who witnessed the event may receive a subpoena that requires them to appear in court and share what they saw. This testimony could prove crucial in determining who was at fault in the accident. The subpoena ensures that the witness is legally obligated to show up in court and provide their account of the incident. Subpoenas represent an order from the court so you must take them seriously. Failing to comply with a subpoena can lead to serious consequences, such as fines and even imprisonment in some cases. If you do receive a subpoena, you need to seek legal advice as soon as possible. Subpoenas are not the simplest documents to understand, but you need to understand what you need to collect.When Would Someone Receive a Subpoena?
A subpoena is ordered when a person's testimony, documents, and/or other evidence is decided by the court to be necessary for a legal proceeding. There are several circumstances under which someone might receive a subpoena:- Witness in a trial: If a person has information pertinent to the facts of a trial, they may be subpoenaed to testify in court. For example, if you witnessed a crime or an accident, you could be required to share your account of events.
- Document or evidence holder: If a person or organization holds documents and/or evidence relevant to a case, they may receive a subpoena duces tecum. We’ll explain what this is later. This could apply to businesses, banks, hospitals, or individuals who possess records crucial to a lawsuit.
- Grand jury proceedings: In criminal cases, a grand jury may issue subpoenas to gather evidence and testimonies while deciding whether to indict a suspect. If you receive a subpoena of this type or believe it is of this type, you need to contact our attorneys immediately.
- Depositions: Outside of court trials, subpoenas can be used to compel people to give testimonies under oath during depositions.
Types of Subpoenas
There are two main types of subpoenas: criminal and civil. Criminal subpoenas are typically a part of a criminal investigation. Civil subpoenas involve civil disputes between two or more parties. These types of subpoenas can be further broken down into subtypes. When it comes to subtypes, it’s about whether a person’s testimony or information is being requested.Subtypes of Subpoenas
There are primarily two subtypes of subpoenas:- Subpoena Ad Testificandum: This is a court order requiring a person to appear and give their oral testimony at a hearing or trial. The subpoena will specify the date, time, and location where the individual must appear to testify.
- Subpoena Duces Tecum: This type of subpoena requires an individual or organization to produce documents, materials, or other tangible evidence relevant to the case. This could include physical items, electronic data, written documents, etc. The subpoena will specify when and where these materials should be delivered.
- Deposition Subpoena: This is used when a witness's testimony is required during a deposition—a sworn, out-of-court oral testimony. A deposition subpoena might also require the witness to bring specific documents akin to a subpoena duces tecum.