What is a Subpoena?
Subpoenas have been making the news a lot lately. Every day, it seems as if there is a new story about someone getting subpoenaed by federal investigators in Washington, D.C. Most recently, news even broke that the president may be subpoenaed in a criminal investigation. What exactly is a subpoena, though, and why are they such a big deal? How are subpoenas used in criminal investigations?
What is a Subpoena?
A subpoena is a legal tool that is used to compel a person to participate in a legal proceeding. Subpoenas are traditionally issued by a court or government agency overseeing or investigating a legal dispute. It does not matter if the legal dispute is civil or legal – subpoenas can be helpful in either case.
Types of Subpoenas
In California, there are three distinct types of subpoenas:
- Witness Subpoena
- Subpoena Duces Tecum, and
- Deposition Subpoena.
Witness Subpoena
A witness subpoena is used to compel a person to personally appear in court to testify during a formal legal proceeding. Witnesses are required, by law, to show up and answer all questions truthfully to the best of their knowledge.
Subpoena Duces Tecum
A subpoena duces tecum is used to compel a person to produce documents during a legal proceeding. Unlike the witness subpoena, there is no requirement for the subject of the subpoena to personally show up in court and testify. Instead, they must simply make all of the documents listed in the subpoena available to the government agency or court.
Deposition Subpoena
The deposition subpoena is sort of a subpoena hybrid. It is used to compel a person to produce documents and show up in person to answer questions about those documents in a deposition. This type of subpoena is typically used during the discovery phase of a legal matter.
Why Are Subpoenas Used in Criminal Cases?
Witness Testimony
Subpoenas are often used in criminal cases to compel witness testimony. In California, a defendant has the right to confront his or her accuser. A defense attorney can request a subpoena to demand the presence of witnesses whose testimony may be helpful to the defendant. For example, if you are facing charges for robbery, you may want to subpoena witnesses who were at the scene of the alleged crime.
The state will often use subpoenas to compel witnesses to the stand who may otherwise be hesitant to do so. In most cases, subpoenas are a last resort when witnesses refuse to comply with requests voluntarily.
Non-Party Evidence
Sometimes a non-party (someone other than the state or defendant) will have evidence or information that is relevant to a criminal case. A judge can issue a subpoena compelling these non-parties to deliver documents to the court for review. If the court determines that the documents are relevant, they can become available to the state and defense for use.
How Are Subpoenas Delivered?
In San Diego, subpoenas must be personally delivered by law enforcement officers to any parties in a criminal case. Subpoenas may be delivered to non-parties by anyone other than the defendant. In these situations, subpoenas can be delivered by mail, email, or third-party messengers. Service will be considered effective when the person receiving the subpoena actually receives it.
What Happens If I Ignore a Subpoena?
Ignore a subpoena at your own peril. These are lawful court orders, and ignoring them or refusing to comply with any demands can result in some serious consequences. In most cases, ignoring a subpoena is considered contempt of court. In California, contempt of court is punishable by up to 6 months in jail and $1,000 in criminal fines.
What Should I Do If I Receive a Subpoena?
Subpoenas are a lawful demand for you to do something in a legal proceeding. If you have received a subpoena in San Diego it is important to speak with an attorney immediately. Your attorney will review the subpoena and help you understand your obligations under the law. Contact the San Diego criminal defense attorneys at the Law Office of Vikas Bajaj, APC to learn more.
