Ignoring a federal subpoena does not create a presumption of guilt—in large part because there are simply too many factors at play. However, if you ignore your subpoena, this is likely going to raise questions in the minds of the agents who are handling the investigation. Since you are refusing to respond, what are you trying to hide? Whereas submitting a compliant response while fully protecting your legal rights and privileges can be part of a broader defense strategy, ignoring a federal subpoena is more likely to raise additional questions and limit your chances of achieving a favorable pre-charge result.
With that said, when responding to a federal subpoena, you can — and should — assert the privileges we discussed above. You should also seek to challenge the subpoena to the full extent permitted by federal law or applicable agency rule, in the case of an administrative subpoena. Federal agents understand the rights you are afforded, and they have enough experience to know that subpoena recipients who are represented by counsel will not simply produce everything that has been requested without question.
Administrative and judicial subpoenas can both be enforced by a motion to compel at the federal level. As a result, if you ignore your subpoena, you can expect the agency that is handling the investigation to promptly file a motion in an effort to force you to respond. Under 18 U. Sections and , contempt of court is a federal crime. This constitutes contempt of court. Under Section :. Similarly, as outlined in Section :. While neither Section nor Section specifies the penalties for contempt of court, in criminal contempt cases, defendants can face substantial fines and years-long terms of incarceration.
The specific penalties at issue will depend on the specific circumstances involved. Additionally, the obligation to respond to the subpoena does not simply go away, and you could face other enforcement measures as well. If you have been served with a federal subpoena, we encourage you to speak with one of our senior federal defense attorneys promptly. For a complimentary and confidential case assessment, call or tell us how we can reach you online now. Nick Oberheiden, founder of Oberheiden P.
Nick Oberheiden is the absolute best federal litigation attorney. There are two types of subpoenas. The first, called subpoena ad testificandum pronounced "ad test- te-fi-kan-dum" , requires you to testify before a court, or other legal authority.
The second, called subpoena duces tecum pronounced "doo-seez tee-kum" , requires you to produce documents, materials, or other tangible evidence. In most cases, an attorney usually requests a subpoena, and somebody like a justice of the peace, a clerk — even a notary public — signs off on it.
Then, it's usually served, in person, to the one being subpoenaed. In the case of a Congressional subpoena, it's issued by a committee, often performing a duty known as Congressional oversight to probe possible wrongdoing in the government. Congress famously issued subpoenas to get to the bottom of the Teapot Dome scandal in the s and during Watergate in the s.
More recently, the Republican-backed Benghazi report in is a prime example of the use of subpoenas to investigate, as are the Democrat-fueled inquiries into the administration of Donald Trump, his finances and any possible connections to Russian interference in the presidential election. Congress, if you hadn't noticed, is a political body that often acts like it. Interacting with it often means dodging a lot of political potholes.
Among the most publicized of those who have defied a Congressional subpoena in recent years are former attorney general Eric Holder in , see Now That's Interesting, below and former White House counsel Harriet Miers in Trump ordered McGahn to ignore the subpoena, citing a " testimonial immunity " for senior advisers to the president. Trump famously called the Mueller inquiry a "witch hunt" and blamed "angry Democrats.
Later in the year, on Sept. Pompeo was subpoenaed for failing to produce documents on Ukraine. For those faced with a subpoena of the non-Congressional variety, going to court — perhaps facing people you don't want to see a soon-to-be-ex in a divorce case, a driver who plowed into you, your former boss — is hardly enticing. Sometimes, ignoring a subpoena and taking your legal lumps seems like the safer bet.
The courts, and Congress, have ways of enforcing subpoenas. They're not always effective. They often take time. First off — what is a subpoena? A subpoena, or court summons as it is sometimes called, is a legal document issued by a judge that orders the recipient to comply with a very specific request from the court. It could be a demand to present certain items or documents.
It could be a request for your direct participation in an ongoing case as a witness. In other instances, it could be issued to compel you to allow the police to inspect your premises.
Either way, when a court summons you, you have no choice but to oblige. A subpoena is much more than a small inconvenience. So, if you were wondering what happens if you miss a court date? You risk facing punishment for ignoring the summons. You might be in contempt of court, which is punishable by jail time, a fine, or both. At the very least, you need to accept the subpoena and formally challenge its terms by informing the court about your reservations.
There are several ways in which a subpoena can be served. It is usually done by an officer of the court or by a certified process server. This can be done through certified mail, email, or by hand.
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