Can You Ignore a Subpoena? Consequences and Best Practices

Receiving a subpoena can be a stressful and overwhelming experience, especially if you are unfamiliar with the legal system. You may wonder if you can ignore the document or delay responding. After all, subpoenas arrive unexpectedly, often disrupting daily life, business operations, or personal affairs. However, ignoring a subpoena is never a good idea and can lead to serious legal consequences.

A subpoena is a legally binding order that compels you to either provide testimony or produce documents for a legal proceeding. Whether the subpoena comes from a federal court, a state court, a grand jury, or an administrative agency, failing to comply can result in penalties that range from monetary fines to jail time. At the Law Offices of Peter Katz, we can discuss why ignoring a federal subpoena can be dangerous, the potential consequences, and the best strategies for responding appropriately.

What Happens If You Ignore a Subpoena?

Many people assume that because a subpoena is not an arrest warrant, it carries no real consequences. This is a dangerous misconception. A subpoena is a formal legal order, and refusing to comply can have serious repercussions.

If you ignore a subpoena, the court or the issuing party may take escalating legal actions against you. The specific consequences depend on the type of subpoena, the issuing authority, and the nature of the case.

Ignoring a Civil Subpoena

In civil cases, a subpoena is often used to gather evidence in lawsuits involving business disputes, personal injury claims, contract disagreements, or financial matters. If you ignore a civil subpoena:

1. You may face contempt of court charges. The opposing party can request that the judge enforce the subpoena, and if you continue to refuse, you could be held in contempt. This could result in fines or other legal penalties.
2. The court may issue a motion to compel, a legal order requiring compliance. If you fail to respond, the court may impose sanctions.
3. You could weaken your legal position. If you are a party to the lawsuit, ignoring a subpoena may result in the court issuing a default judgment against you, meaning you automatically lose the case.

Ignoring a Federal Subpoena

Federal subpoenas are more serious than civil subpoenas, as they often relate to criminal investigations, regulatory enforcement actions, or grand jury proceedings. If you fail to comply with a federal subpoena:

1. You may be found in criminal contempt of court. This is a serious offense that could result in fines or even imprisonment.
2. The government can enforce the subpoena. Federal agencies such as the Department of Justice (DOJ), Securities and Exchange Commission (SEC), or the FBI can take legal action to force compliance.
3. A judge may issue a warrant for your arrest for contempt of court. If the court determines your failure to respond is intentional, you could face immediate legal consequences.

Consequences of Ignoring a Grand Jury Subpoena

Grand jury subpoenas are particularly serious because they involve criminal investigations. If you have received a grand jury subpoena, ignoring it can have severe consequences, including arrest and criminal prosecution. The government has broad investigative powers, and refusing to testify or produce requested documents could lead to contempt charges, obstruction of justice allegations, or even additional criminal penalties.

Contempt of Court

One of the most immediate consequences of ignoring a subpoena is being held in contempt of court. Contempt can be classified into two categories:

• Civil contempt occurs when a person refuses to comply with a subpoena in a civil case. The court may impose fines or penalties until the person complies.
• Criminal contempt occurs when someone willfully disobeys a subpoena, especially in criminal cases or grand jury investigations. Criminal contempt can lead to jail time.

Fines and Sanctions

The court may impose financial penalties if you fail to respond to a subpoena. These fines can be substantial, especially in cases where the subpoena is related to a corporate investigation, financial fraud, or white-collar crime.

Arrest Warrants

In extreme cases, especially when a federal court or grand jury issues a subpoena, a judge may issue an arrest warrant. This typically happens when a person’s refusal to comply is seen as an intentional effort to obstruct justice.

Best Practices for Handling a Subpoena

If you receive a subpoena, it is essential to handle it properly to avoid unnecessary legal trouble. Here are the best steps to take:

1. Read the Subpoena Carefully

Before taking any action, carefully review the subpoena. Check the following:

• Who issued it (federal court, state court, grand jury, regulatory agency, etc.)
• What is requested (testimony, documents, records, or other evidence)
• The deadline for compliance (subpoenas often have short deadlines)

2. Consult an Attorney Immediately

One of the most important things you can do is seek legal counsel. A subpoena response lawyer can:

• Determine whether the subpoena is valid and enforceable
• Assess if you have any legal grounds to challenge or modify it
• Protect you from self-incrimination if the subpoena is part of a criminal investigation
• Help you comply while minimizing legal risks

3. Do Not Destroy Documents

If the subpoena requests documents, do not alter, delete, or destroy any records. Doing so can result in obstruction of justice charges, which are far more serious than non-compliance.

4. Challenge the Subpoena If Necessary

In some cases, you may be able to challenge the subpoena. A lawyer can help you file a motion to quash if the subpoena is:

• Overly broad or unreasonable
• Requesting privileged or confidential information
• Improperly served or lacking legal authority

5. Negotiate Compliance Terms

If fully complying with the subpoena would be too burdensome, your attorney may be able to negotiate the scope of the request. Courts often allow for reasonable modifications in cases where subpoenas are overly broad.

Take Every Subpoena Seriously

A subpoena is not a suggestion—it is a legally enforceable order. Ignoring it can have serious consequences. Whether the subpoena is related to a civil lawsuit, a federal investigation, or a grand jury proceeding, failing to respond could lead to financial penalties, contempt charges, or even jail time.

If you have received a subpoena and are unsure how to proceed, the Law Offices of Peter Katz can help. With extensive experience in federal investigations, white-collar crime defense, and whistleblower cases, we provide strategic legal counsel to ensure you comply with the law while protecting your rights. Contact us today for a confidential consultation and learn how to handle your subpoena response properly.