What Happens if You Ignore a Subpoena?

Subpoenas are legally binding documents compelling witnesses to testify, produce documents, or answer written questions related to a civil or criminal legal proceeding. If you ignore a lawfully issued and served subpoena, especially one from the court, you could be held in contempt.

However, some law firm documents are designed to look like court-issued subpoenas but do not hold the same authority. You also have the right to challenge incorrectly served subpoenas and those requesting overly burdensome discovery.

If you have questions about a New York or New Jersey subpoena, contact experienced criminal defense lawyer Peter Katz immediately.

Types of Federal Subpoenas and Required Responses

Subpoenas are generally issued to non-parties, such as accident witnesses or business associates, to compel their aid during civil or criminal legal proceedings. In many cases, unsuspecting individuals receive lengthy court-certified demands requiring them to spend hours answering questions, locating documents, or providing testimony. Subpoenas come in many forms, including:

• Judicial: Court-certified subpoenas from the judge, clerk, or U.S. attorney requesting your presence or information
• Ad Testificandum: Requiring you to appear in court or at a deposition to give sworn testimony
• Duces Tecum: Demanding you locate and produce documents or other records for court proceedings 
• Information: Requiring a person to produce information regarding the location of assets under oath 
• Grand Jury: Issued by federal grand juries to gather information regarding potential felonies
• Non-Judicial: Requests for information from law firms related to out-of-court proceedings

Although you must respond to subpoenas, you are not always required to produce the documents or information the attorney requests. You have the right to protect yourself from making private or self-incriminating information and refuse overly burdensome evidentiary and testimonial requests. However, you cannot refuse to provide requested testimony, information, or documents without filing a prompt motion to quash.

You need an experienced federal criminal lawyer to help you lawfully object to these demands and protect your rights during legal proceedings.

Consequences of Ignoring a Subpoena

Most judges give you multiple chances to respond to a subpoena before holding you in contempt of court. However, ignoring a subpoena is a federal criminal offense that can result in fines and jail time. The consequences associated with non-response often depend on your intent.

For example, if you could not take the time off work necessary to provide testimony, attorney Peter Katz can argue that the court should not impose criminal penalties. On the other hand, refusing to produce documents to protect a criminal defendant could implicate you in his or her crimes.

Additionally, you can ignore a subpoena if it is defective. This means it was not served or issued by federal law. However, you should always speak with a dedicated federal criminal procedure lawyer before ignoring any court-issued document, even if it was served incorrectly or requests unreasonable information.

Bring Your Federal Subpoena to Federal Defense Attorney Peter Katz

If you received any federally issued subpoena in NY or NJ, especially one related to ongoing criminal proceedings, you should immediately bring it to attorney Peter Katz. He can challenge the subpoena on your behalf, get the document quashed (voided), or help you gather and submit appropriate evidence.