Do You Need a Lawyer to Reply to a Federal Subpoena?

Did you receive a federally issued subpoena in New York or New Jersey? This means powerful federal attorneys believe you have essential evidence of ongoing criminal or civil proceedings. Because federal proceedings often involve organized crime, serious interstate offenses, and high-value white-collar schemes, you should immediately contact federal criminal defense attorney, Peter Katz, if you’ve been subpoenaed. You cannot ignore a federal subpoena, but still have rights during the evidence-gathering process.

Responding to Federal Subpoenas in New York and New Jersey

Federal subpoenas come in two primary forms. The first is a subpoena duces tecum, which requires the production of physical evidence, including documents, items, or electronic information. It can also require you to allow law enforcement to inspect your premises and gather evidence on a specific date and time.

The second is a subpoena ad testificandum, which requires you to either appear in court to testify, produce a sworn statement, or sit for a deposition. Subpoenas are usually issued if the U.S. attorney or criminal defense lawyer believes you will not voluntarily provide essential evidence.

If you do not respond to a subpoena, you could be held in contempt of court. Even though you’re not a defendant, federal law requires you to aid the criminal justice system in this way. You should not respond to a subpoena without speaking with a dedicated federal response lawyer. Subpoenas do not override your right to be free from self-incrimination, and attorneys may not request overly burdensome discovery or demand privileged information.

Grounds for Getting a Subpoena Quashed or Amended in Federal Court

If you receive a federal subpoena, you can hire a defense attorney to get the subpoena ‘quashed.’ This means the document is voided or modified. Grounds for getting a New York or New Jersey federal subpoena quashed include:

• Alleging a privacy concern related to the requested records
• Invalid service of process
• Incorrect document served
• Unduly burdensome and unreasonable document requests
• Overbroad and oppressive requests
• Lack of personal jurisdiction over the witness
• No personal knowledge or available evidence
• Potential self-incrimination
• Not enough time to respond

Even if the court refuses to void the subpoena, dedicated legal advocacy can protect you from having to miss work or produce irrelevant private information. Experienced criminal defense lawyers can also help you gather, review, and submit relevant evidence while protecting your rights during legal proceedings.

Your attorney can file a motion to quash the subpoena with the relevant court or speak directly with the issuing attorney or clerk to get the subpoena withdrawn, and appropriately reissued. You should never produce evidence, especially potentially incriminating evidence, without first talking with legal counsel.

You Need a Federal Criminal Defense and Subpoena Response Lawyer

Do not wait to contact experienced federal subpoena response attorney Peter Katz at (609) 849-3179 or online. He can be able to get your subpoena quashed and protect you from providing privileged, private, or incriminating evidence to the court. Don’t ignore a federal subpoena in New York or New Jersey.