If you have just received notice of a subpoena, it is wise that you take it seriously. But does this mean you need to hire a criminal defense lawyer to represent your subpoena? Continue reading to find out.

Subpoena Criminal Lawyer Indianapolis IN 317-636-7514

Facts About Subpoenas

What is a subpoena? It is a formal legal document that requests that you give information or provided testimony in a court of law. Subpoenas are mandatory and mustn’t be ignored under any circumstances. Whether or not you need to hire a criminal defense lawyer in Indianapolis to help you manage your subpoena duties depends on a few factors.

Subpoenaed to Appear in Court

There are two types of subpoenas. The first type subpoena is called a subpoena ad testificandum and requests that you appear in a court of law and provide full and honest testimony on a pending criminal case or matter.

Subpoenaed to Provide Information or Testimony

The second type of subpoena is called a subpoena duces tecum, which requires you to provide information to the court in the form of written records, documentation, audiovisual recordings, or other physical evidence, and descriptions of records.

Why You Received a Subpoena

You have received a subpoena because the courts and legal system believe that you have pertinent information to a current civil or criminal case involving another defendant or group of defendants. Whether you must appear in court depends on the type of subpoena you receive. Although both types of subpoenas are commonly used for civil matters such as divorce proceedings and personal injury lawsuits, they can also be used for criminal cases.

For instance, if you were witness to a crime, you might be subpoenaed to provide a testimony in court against the alleged perpetrator or group of perpetrators. In another example, you may be known as a former gang member, and the courts wish to ask you information about crimes resulting from gang activity in the community.

You may have simply witnessed a car accident and the civil court needs you to provide witness testimony in a car accident injury case. Subpoenas are also commonly used for white-collar crimes, such as forgery, embezzlement, and tax evasion.

What to Do After Being Subpoenaed

Understand that ignoring a subpoena can subject you to serious legal penalties, including being charged with contempt of court, which can result in imprisonment and heavy fines. Regardless of the type of subpoena you received, it is important to hire a criminal defense lawyer in Indianapolis to help you navigate your responsibilities involving the legal document. Your lawyer may even be able to help you file an objection, known as a motion to quash, thus relieving you of all subpoena obligations.

Moreover, your subpoena might not be a subpoena at all. It is very common for people to confuse certain legal documents for a subpoena. It is important to look for the word subpoena at the top of the document to ensure that’s what it really is.

Are you looking for a skilled criminal defense lawyer who can help you manage your subpoena and other criminal case matters in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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Court-Ordered Subpoenas

Although most commonly used for civil cases, such as divorces, accidents, and custody disputes, subpoenas are also used for criminal cases. They are used by both the prosecution and the defense to gather evidence and build a case. If the law believes that a person has information that can help prove or defend a criminal case, the courts can issue a subpoena to legally order that person to provide the information they need.

Example 1: Brenda is a cocktail waitress at the local sports bar. She witnesses a bar fight that results in serious injuries to one of the regular patrons. The regular patron files an injury lawsuit against the other participant in the fight. Later, she is served with a subpoena mandating her to provide testimony in court regarding her narrative of the incident.

Example 2: Archie is Brenda’s employer at the bar she works at. She is getting a divorce, so he is subpoenaed by the court to provide her employment and paycheck records.

Managing a Subpoena

If you are served with a subpoena, never ignore it. Failing to respond to a subpoena on time can result in serious legal consequences, including hefty fines, criminal charges, and imprisonment. If you are being represented by a lawyer, and you are served with or issuing a subpoena, your lawyer will generally handle all of the associated needs. If you are representing yourself, you can request a blank subpoena document signed by the court clerk and fill it out there.

Subpoenas must be served in-person or by registered mail. Neither yourself nor lawyers can deliver or issue subpoenas. Lawyers will appoint a process server to deliver the subpoena to the recipient since it is not allowed to have anyone involved with the case handle this part of the process. If they are not properly delivered, they cannot be enforced by law.

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Do I Need to Hire a Lawyer if I Am Subpoenaed?