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There are many types of subpoenas. This discussion focuses on investigative subpoenas issued by some form of law enforcement.
Many individuals operate under the assumption that if they did not commit a crime, they have nothing to worry about in responding to a subpoena. That is incorrect. Even if you did nothing wrong, failure to properly respond to a subpoena could be considered a crime for obstruction of justice charges.
You’ll want to seek legal advice. A qualified criminal defense attorney can help you better understand the subpoena and determine the true intent behind the subpoena and how to best respond to avoid issues.
The Dangers of Responding Improperly to a Subpoena
Many people assume that as long as they “try” to comply with a subpoena, that will be enough. Unfortunately, that’s not the case. An incomplete, inaccurate, or careless response can be just as dangerous as ignoring the subpoena altogether.
– Obstruction of Justice: If the subpoena asks for 10 items and you provide only nine, prosecutors may argue that the missing item was intentionally withheld. Even if it was an oversight, that gap can be viewed as obstruction of justice; a federal crime that carries serious penalties.
– Self-Incrimination: If you try to explain why you didn’t provide certain information, your words can be twisted into evidence against you. A false or inconsistent explanation can expose you to additional charges such as perjury or obstruction.
– Creating Suspicion: Say investigators request a full year of bank records and you provide only three months. Even if you thought that was sufficient, the partial response may suggest you are hiding something, raising red flags and prompting deeper investigation.
– Loss of Legal Protections: Responding without an attorney means you lose the buffer of privilege. Anything you hand over, or any explanation you give, can be used directly against you. By contrast, if your lawyer asserts your rights (for example, invoking the Fifth Amendment or negotiating limits to the subpoena), you are protected.
The key point is that both action and inaction matter when you receive a subpoena. A poorly handled response can expose you to more risk than the original subpoena itself. This is exactly why you shouldn’t do anything until you speak with a lawyer right away.
FAQs
Does Being Subpoenaed Offer Immunity?
It depends. There are different types of immunity. Consulting with a criminal defense attorney will help you not make a grave mistake. You should speak to a criminal defense attorney to determine your options, but you can’t simply ignore a subpoena in Florida.
Do I Need a Lawyer if I Receive a Subpoena?
If people receive a criminal subpoena, many errantly think that their response is immune from prosecution. A lawyer can assist in avoiding self-incrimination and determine whether immunity applies or how it can be obtained. It is recommended that you understand the laws and your obligations to protect your rights and ensure that an appropriate response is made to the subpoena.
What Should You Do When You Receive a Subpoena?
If you receive a subpoena, you should review the information included in the document very carefully. If you don’t understand or if it’s a complicated matter, seek legal counsel to assist you in understanding and responding to the subpoena. What you shouldn’t do is ignore it because this could lead to charges being brought against you for contempt of court. Contempt of court charges could result in jail time if you’re convicted.
Hire a Criminal Defense Lawyer with Knowledge
The Law Office of Ramon de la Cabada, P.A., has extensive experience in and knowledge of Florida subpoena laws. We can provide you with legal assistance regarding your subpoena. If you’re looking to understand your obligations, exercise your rights, or just need legal representation, we offer all of these. Contact us to learn more about our legal services and discuss your subpoena.
