A criminal subpoena is a court order for a person to appear or produce documents in a legal case. There are two types: subpoena duces tecum and subpoena ad testimoniaificandum. They are granted by a judge and failure to comply can result in contempt of court, fines, and jail time. Special accommodations or deferments can be requested, and objections should be discussed with an attorney.
A criminal subpoena is a written court order requiring a person to appear or produce certain documents in connection with a legal case. A subpoena is the term used in a criminal proceeding, while the term “summon” refers to the same type of order in a civil proceeding. Often, the term subpoena is used for both types of cases.
There are two types of subpoenas: the subpoena duces tecum and the subpoena ad testimoniaificandum. The subpoena duces tecum requires the recipient to provide specific documents or other elements that are potential evidence in the case at hand. An ad testiificandum subpoena, on the other hand, requires the recipient to appear in court or at a law firm to answer questions and give testimony. A criminal subpoena may require the recipient to provide both oral testimony and written evidence.
Criminal subpoenas are issued at the request of defense attorneys or prosecutors. They are granted by a judge, magistrate or clerk. It is for the party requesting the subpoena to confirm that the witness has been served. The issuing party is also responsible for any witness expenses, such as transportation costs, that the witness may incur as a result of complying with the subpoena.
A U.S. Marshal, Deputy U.S. Marshal, or uniformed process server over the age of 18 will deliver the criminal subpoena to the recipient of the subpoena. The person serving the subpoena cannot be someone who is a party to the case. Subpoenas may be served anywhere in the United States or in any territory of the United States. They may also be served in foreign countries, although US Marshals do not serve them abroad.
If a person receiving a criminal subpoena fails to meet its requirements, it may be considered in contempt of court. A judge can issue a warrant for the offender, authorizing the police to find the person and take them to court. Failure to comply with a criminal subpoena can also result in fines and even jail time.
You can request special accommodation to comply with a criminal subpoena, or request a deferment. If a person served with a subpoena has a legitimate excuse for not being able to meet its terms, he should contact the attorney who issued the order to explain. If a person served with a subpoena has an objection, you should consult an attorney to protect your interests.
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