Subpoena Compliance in Criminal Cases: Information You Should Know

Receiving a subpoena in a criminal case can be an unsettling experience. Understanding your legal obligations is critical when you are asked to testify, produce documents, or provide other evidence. Unlike civil subpoenas, which are typically issued in disputes between private parties, criminal subpoenas are part of law enforcement investigations and legal proceedings, often involving serious consequences for noncompliance.

If you have been served with a subpoena concerning a federal criminal case, knowing how to respond and whether you can challenge the request is essential. Our firm can explain a criminal subpoena, how compliance works, and what steps you should take to protect yourself legally.

What is a Criminal Subpoena?

A criminal subpoena is a legally binding order that requires an individual or organization to either appear in court to testify or produce documents or evidence related to a criminal investigation. These subpoenas are typically issued by:

• Federal courts, when handling criminal trials
• Grand juries investigating potential criminal offenses
• Federal law enforcement agencies such as the Department of Justice (DOJ), the FBI, or the SEC

Unlike civil subpoenas, which are often part of private lawsuits, criminal subpoenas are tied to enforcing federal or state laws. Failure to comply can have serious consequences, including contempt of court charges, fines, or even jail time.

Types of Criminal Subpoenas

There are two primary types of subpoenas issued in criminal cases:

Subpoena Ad Testificandum (Testimonial Subpoena)

A testimonial subpoena requires a person to appear in court or before a grand jury to provide sworn testimony. The recipient may be:

• A witness with knowledge of relevant facts
• The subject of an investigation, meaning they are connected to the case but not yet formally accused of wrongdoing
• A target of an investigation, meaning prosecutors believe they may have committed a crime

Testifying in a criminal case is a significant legal obligation, and any statements made under oath can be used as evidence. In some cases, individuals may have legal grounds to refuse to answer specific questions, particularly if they believe their testimony could be self-incriminating. If you receive a subpoena to testify, consulting an attorney is critical before making any statements.

Subpoena Duces Tecum (Document Subpoena)

A document subpoena requires the recipient to produce specific records, documents, or physical evidence for use in a criminal investigation. This may include:

• Financial records, bank statements, or tax returns
• Emails, text messages, and other digital communications
• Contracts, business agreements, or corporate records
• Surveillance footage, photographs, or forensic evidence

The recipient may have grounds to challenge the subpoena if the requested records include privileged, confidential, or classified information. However, destroying or altering evidence after receiving a subpoena is a federal crime and could lead to obstruction of justice charges.

Legal Consequences of Failing to Comply with a Criminal Subpoena

Unlike civil subpoenas, where noncompliance may result in financial penalties or an adverse ruling in a lawsuit, criminal subpoenas carry much more severe consequences. If you fail to comply with a subpoena in a criminal case, you may be subject to:

Contempt of Court Charges

Courts take criminal subpoenas very seriously. If a person refuses to testify, fails to produce documents, or disregards the subpoena, a judge may hold them in contempt of court.

Contempt charges can result in:

• Fines for noncompliance
• Court orders compelling testimony or document production
• Jail time in extreme cases, especially if noncompliance obstructs justice

Obstruction of Justice

Failing to comply with a criminal subpoena—especially if the government believes you are withholding or destroying evidence—can lead to obstruction of justice charges. This is a felony offense that carries significant prison time and heavy fines.

Federal prosecutors aggressively pursue obstruction charges when they believe someone interferes with an ongoing criminal case. Even if failure to comply was unintentional, the consequences can still be severe.

Arrest Warrants

A judge may issue an arrest warrant in cases where a subpoenaed witness refuses to appear in court or before a grand jury. This is particularly common in high-profile criminal investigations, where noncompliance could affect the case outcome. If an arrest warrant is issued for failing to respond to a subpoena, the individual may be taken into custody until they agree to comply.

How to Respond to a Criminal Subpoena

Your response should be careful, strategic, and legally sound if you receive a subpoena in a criminal case. Here’s what you should do:

Do Not Ignore the Subpoena

A criminal subpoena is not something you can set aside or disregard. It is a legally enforceable order, and failure to comply can lead to serious legal consequences.

Consult an Attorney Immediately

Because criminal subpoenas often involve high-stakes legal matters, speaking with an experienced attorney before responding is critical. An attorney can:

• Determine whether you are a witness, subject, or target in the case.
• Advise whether you should testify or invoke your Fifth Amendment rights.
• Review any requested documents to ensure you are not disclosing privileged or self-incriminating information
• If it is overly broad or unreasonable, file a motion to quash or modify the subpoena

Preserve and Review All Requested Documents

You must not alter, destroy, or delete any documents if you receive a subpoena duces tecum. Instead, gather all requested materials and review them carefully with your attorney before submitting them. If the subpoena demands privileged or confidential records, your lawyer may request a protective order to limit the use of the information.

Prepare for Testimony Carefully

If you are subpoenaed to testify in a criminal case, your attorney will help you prepare. This includes:

• Understanding the questions you may be asked
• Learning when you can assert your right to remain silent
• Ensuring you do not make statements that could be misinterpreted or used against you

Testifying in a criminal case can be stressful, but proper preparation ensures you protect your rights while complying with the law.

Take Criminal Subpoenas Seriously

A criminal subpoena is a serious legal matter that should never be ignored or handled without legal counsel. Whether you are being asked to testify before a grand jury, appear in court, or provide documents, how you respond can have long-term legal consequences. If you fail to comply, you could face contempt charges, obstruction allegations, or even an arrest warrant. However, responding without legal guidance can be equally dangerous, as you may inadvertently waive your rights or disclose sensitive information.

At the Law Offices of Peter Katz, we have extensive experience handling criminal subpoenas, grand jury investigations, and federal trial proceedings. We can help you understand your legal rights, protect your interests, and ensure compliance with subpoena requirements. If you have received a subpoena in a criminal case, contact us today to discuss your legal options and develop a strategic response.