If you receive a subpoena to appear in court, what should you do?  Odds are the subpoena is a surprise to you, as there is no requirement that an attorney or court warn you before delivering a subpoena to you.  In fact, the court may prefer that you not be warned that a subpoena is coming, so that you do not have the opportunity to take steps in an attempt to avoid receiving the subpoena.

First, understand that if you receive a subpoena, it is generally not because you did anything wrong.  A subpoena is a document usually issued by a court of law requesting that a person appear in a trial to give verbal testimony or to provide some form of documentation that will be entered into evidence in the case.  This means that whatever you say or provide to the court is not about you but rather it is related to helping a court determine if someone else has committed a crime.

Buy why me you may be wondering?  The court obviously does not issue subpoenas randomly or on a whim; rather, the subpoena is seeking specific evidence.  An attorney in the case to which the subpoena relates has issued you a subpoena because he believes you witnessed something relevant to the case and your testimony is relevant to the case, or you have records of some form that may play a role in the case and should be entered into evidence.

Examples of reasons for which you may receive a subpoena include the following types of evidence:

First, you witnessed a robbery, and your testimony can help confirm what happened and that the defendant accused of the crime is the correct person.  Second, you observed a person consuming alcoholic beverages in a bar before they got behind the wheel of an automobile and were in an accident.  Third, you maintain accounting records for a company, and there is a question as to whether payroll deductions were withheld from employees properly.

In cases where your testimony is relevant—whether relating to something you saw or something you know—the subpoena will ask that you appear in court on a specified date and time.  Where the subpoena relates to records you have, the subpoena will ask that you turn them over to the court by a specified date.

If you receive a subpoena, you cannot simply choose not to provide your testimony or whatever other evidence is requested, as you will likely be found in contempt of court and potentially be subject to a fine or jail time.  This is because what you can provide may be crucial evidence needed for the case to move forward.  However, before you respond to a subpoena, you should first speak with an attorney about it, as an attorney can help you determine how you should respond.  An attorney can help review the purpose of the subpoena to be sure it is clear and to confirm that you can actually provide what is requested.  For example, it is possible that the subpoena may mistakenly want you testify about something that you in fact did not witness and therefore cannot speak to; rather than providing useful evidence, you appearing before the court would be a waste of the court’s time.

In addition, the attorney can help be sure that by responding to the subpoena you are not incriminating yourself on a legal matter.  While the purpose of the subpoena is not to investigate you for a particular charge, it is possible that the testimony or records you provide could make it clear to the court that you are violating the law.  In such cases, an attorney could help communicate to the court the situation and that it violates your right not to incriminate yourself.

Related articles

• Fifth Amendment protection against self incrimination (criminaldefensehome.com)
• Do I have to hire a lawyer if I am accused of a crime? What may happen if I do not? (criminaldefensehome.com)

by Mark Johnston

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