Miami Subpoena Attorneys
A subpoena is a document issued by the clerk of the court to order an individual to provide evidence for a case. There are two types of subpoena that may be issued to an individual:
- Subpoena ad testificandum, which requires an individual to provide his or her testimony to the court. A subpoena ad testificandum may request that the individual provide his or her testimony in person or via telephone; and
- Subpoena duces tecum, which requires an individual or a group to provide the court with physical evidence. It may require that the evidence be sent to the party requesting it or that the evidence be sent directly to the court.
Subpoenas are often a part of criminal cases. If you receive a subpoena, do not panic, but understand that you now have a role in an ongoing case. Our team of experienced Miami subpoena attorneys can discuss your subpoena with you in greater detail to help you understand exactly what is being asked of you and prepare you for your contribution to the case.
Subpoena versus Summons
You might have heard the term “subpoena” used interchangeably with the word “summons.” Both documents order an individual to appear in court, but for different reasons. A summons is used to notify an individual that he or she is being sued may instruct him or her to respond to the court or the suing party in writing. A subpoena is used to order an individual to appear in court to give a deposition or to otherwise provide evidence to be used in the discovery process of a court case. An individual may ignore a summons, but will face a penalty for ignoring a subpoena that can include jail time. Ignoring a subpoena is considered to be contempt of court.
If you Receive a Subpoena
If you are concerned about incriminating yourself through your testimony or the documents you provide to the court, speak with a criminal defense lawyer about your options. Your lawyer can review your role in the case to determine the right strategy for providing evidence without incriminating yourself, which is your constitutional right. Whatever you do, do not destroy the documents you are asked to produce.
Do not falsify documents or provide an inaccurate testimony either. Witnesses are an essential part of the criminal justice process and if you cannot accurately testify because you do not remember the incident well enough, explain this to the party requesting your testimony.
Contact Our Experienced Miami Subpoena Attorneys
If you have been served a subpoena, find out what to expect in court and your rights as a party involved in a criminal case by speaking with our team of experienced Miami subpoena attorneys. Preparing for court beforehand will help you to interact with the court and other parties involved confidently and unless complying with your subpoena would truly create a hardship for you, do not ignore it. To discuss your subpoena further, contact Ratzan & Faccidomo, LLC to set up your initial consultation in our office.