Subpoena and My Rights Under One

 In Criminal Law

You may have heard of subpoenas, but few people are aware of the legal significance of these summons. A subpoena is a legal document that mandates a person to comply with a certain set of instructions. Judges and clerks of the court can issue judicial subpoenas.

One way to make someone testify in court on an affidavit is via a subpoena. It is an investigative tool to interrogate a party or other witness under oath. Some subpoenas to appear in court may demand the individual to provide additional papers or physical proof, depending on the specifics of the order.

To put it simply, a subpoena is a court order that orders someone to do something or risk being found in contempt of court.

CAN YOU REFUSE TO TESTIFY AT THE HEARING?

You have no choice but to cooperate.

A subpoena is an order from a court requiring you to appear in court and testify about something you did or did not do. To comply with the subpoena, you must attend at the given location and at the precise time and date stated therein. If the subpoena additionally demands you to bring particular proof to the location where you are obliged to testify, you must do so as well.

SUPPOSE YOU DON’T FOLLOW THROUGH?

Those who refuse to testify when summoned are held in contempt of court, attracting a jail term. A defense attorney should be sought out as quickly as possible if you don’t grasp the subpoena’s provisions or don’t know how to comply with a court-ordered document.

Refusal to appear or comply with a subpoena to testify could result in serious legal consequences for the person involved. In addition to being held in contempt of court, this could result in:

  • Fines
  • Jail time
  • The cost of attorneys’ fees

WHAT HAPPENS IF YOU DON’T WANT TO GIVE YOUR TESTIMONY?

In theory, a person asked to testify cannot decline. However, a person may have the legal right to keep quiet in certain circumstances.

A subpoena to testify in court may be declined if doing so would break the conditions of a legally recognized private and privileged relationship. Attorney-client privilege and doctor-client privilege are examples of this.

Another situation in which persons may refuse to comply with a subpoena to testify is if truthful answers to questions under oath may implicate them or demonstrate they were complicit in an offence.

Furthermore, an attorney cannot compel someone to testify or appear in court if they are not a party to the lawsuit and do not acquire a court-issued subpoena.

WILL YOU BE COMPENSATED FOR THE EXPENSES OF TESTIFYING?

Court appearance fees will only be paid if the person is an expert or a witness in a case, albeit this may be contingent on the circumstances. In these situations, the individual should be compensated for the expense of their court appearance and transportation. However, if the witness is a party to the proceedings, the fees of appearing as a witness will not be paid.

IN THE EVENT THAT YOU CAN’T MAKE IT THERE ON TIME, WHAT WILL HAPPEN?

The issuing party should be notified as soon as possible if a witness cannot be present for testimony on the day and time stated in the subpoena. If a witness is unable to be present in person or at the scheduled time of testifying, he or she may be allowed to do so in writing by signing an affidavit.

If none of these measures works, the person should speak with a lawyer about his or her alternatives.

IS IT NECESSARY TO HIRE A LAWYER TO REPRESENT YOU?

Receiving and complying with a subpoena to testify in court should be taken extremely seriously, as is obvious from the explanation above. There are legal consequences for declining to comply with a subpoena, but you may incriminate yourself if you testify in court and provide evidence under oath.

You should consult a criminal attorney promptly if you’ve received a subpoena or if you want to subpoena someone else for legal counsel. With the guidance of a knowledgeable criminal defence attorney, you may be allowed to decline to answer some questions if doing so will jeopardize your legal rights.

A subpoena objection may be filed with the assistance of your lawyer. In addition, your attorney will be able to examine your testimony with you and address any concerns you may have about a court deposition subpoena.

You can rely on the Slaughter Law Firm if you need a criminal defense attorney. We’ve handled criminal matters for more than two decades now. Contact us now for a free consultation.