When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Getting served with a federal subpoena can be intimidating. But it’s important to understand how they work so you know your rights and responsibilities. This article will explain the ins and outs of federal subpoenas—how they’re issued, who can serve them, proper methods of service, and what happens if you don’t comply.
A federal subpoena is a writ issued by a federal court, grand jury, government agency, or congressional committee to compel someone to produce documents, testify, or both. Subpoenas give the entity issuing them the legal authority to demand information relevant to an investigation or legal proceeding.
For example, federal prosecutors may subpoena financial records from a bank as part of a fraud investigation. Or a congressional committee may subpoena a tech company CEO to testify at a hearing on data privacy practices.
There are a few key players who can issue federal subpoenas[2]:
Attorneys can also issue subpoenas on behalf of district courts as long as they follow the proper procedures. The court clerk provides attorneys with blank subpoenas to fill out and serve as needed.
For a subpoena to be valid, it must be properly served to the recipient. There are four main ways federal subpoenas can be served[1]:
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Google rating score: 4.9 of 5, based on 736 reviewsPersonal service ensures the highest likelihood that the recipient gets the subpoena. But service by certified mail also provides delivery confirmation and is cheaper than hiring a process server. Email service is gaining acceptance too, as long as the email address is valid.
Only certain people are authorized under the law to serve federal subpoenas[4]. Typical process servers include:
Servers must verify the recipient’s identity before handing over or mailing the subpoena. And they must maintain documentation like certified mail receipts or proof of email delivery.
It’s a federal crime to ignore a properly served subpoena. Penalties include[3]:
If the subpoena requires testimony, failure to appear may result in civil or criminal contempt of court charges. That can lead to additional fines and jail time.
However, there are certain defenses people can raise if they have a valid reason why they couldn’t comply:
It’s wise to consult an attorney if you receive a federal subpoena and have concerns about complying. An attorney can review the subpoena for defects and file a motion to quash if appropriate.
Being subpoenaed can be unsettling, but knowing your rights and responsibilities makes the process less intimidating. The key things to remember are:
Understanding the ins and outs of federal subpoenas takes some of the mystery out of them. If you ever find yourself on the receiving end, stay calm and get professional advice. With the right help, you can properly respond and assert your rights.
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