Subpoena
The Definition Of A Subpoena
No one wants to be involved in any type of legal proceeding – least of all, a criminal case. However, if a court or attorney believes that you may have information relevant to a criminal case, that party may issue a subpoena. The definition of a subpoena is a legal order for you to do something – usually either to produce certain documents or items to use as evidence, or to appear in person to testify in a deposition, as part of a court hearing, or at a jury trial.
Some people receive a subpoena and immediately assume they should do whatever it requests – after all, it is legally-ordered. Others have the immediate instinct to ignore it and avoid having anything to do with the matter. While both of these extreme reactions may be understandable under the circumstances, your best course of action is to call a trusted Miami subpoena attorney to review your legal options and to advise you.
Your Legal Rights When You Are Subpoenaed
First of all, let’s start with a right you do not have, which is to simply ignore the subpoena and refuse to comply without any legal justification. If you choose to ignore it, the court can hold you in criminal contempt, which can result in criminal charges, potential fines and even a jail sentence. If you receive this legal order, you should call an attorney to discuss your situation instead of simply avoiding the matter, as a warrant may be issued for your arrest.
Accepting a subpoena does not necessarily mean you must fully comply with all the requests included therein. You do have the right to challenge certain parts of the subpoena and, if you object to producing certain documents or materials for whatever reason, you should discuss these reasons with your attorney. Your attorney can file a motion with your objections with the court. Furthermore, if you are unable to be present for a requested deposition or court hearing due to travel inconveniences, costs, or important prior obligations, your attorney can request to postpone the appearance to a later date or to have your costs of travel covered.
Your Subpoena Attorney Can Guide You
If you are subpoenaed to testify at a grand jury proceeding, you are not automatically guaranteed the right to counsel throughout the proceeding. However, it is imperative to have the advice of counsel during any type of testimony, especially if it is believed you have knowledge or information regarding the crime. A lawyer can request to be present or even outside the room so that you can consult with your counsel before you answer any difficult questions.
If you believe that any documents or testimony requested will in any way implicate you in the case at hand or in another matter, your attorney can help you decide whether to invoke your Fifth Amendment privilege against self-incrimination.
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