In complex criminal investigations, subpoenas are common tools used by the authorities. A subpoena is a legal order that places you within the scope of an investigation or proceeding – and it is never a comfortable thing to receive.
While a subpoena does not necessarily mean that you’re being accused of some kind of wrongdoing, it does signal that investigators believe that you have relevant information. How you respond can carry significant consequences for your future, particularly when there are complex matters involved, like allegations of fraud or embezzlement.
What does a subpoena require?
In general, when there’s a criminal issue in question, a subpoena will usually require you to either produce documents or provide testimony. If you are required to testify, it may be at a deposition, a hearing or even a trial and answer questions under oath.
If you are being asked to produce documents, the order may be quite broad. In white collar investigations, they may reach into years of financial records, internal communications and business operations.
Why were you subpoenaed?
Broadly speaking, three types of people get subpoenaed in criminal investigations. Knowing which category you are in can help you decide how to respond. You may be a:
- Witness: Someone believed to have relevant information
- Subject: A person whose conduct is under review
- Target: Someone investigators believe may have committed a crime
These distinctions are not always disclosed, but it may be possible to clarify your position early on – and that can help prevent missteps.
What immediate steps should you take after receiving a subpoena?
A subpoena isn’t a request; it’s a demand. Compliance is expected. At the same time, responding without a clear strategy can create avoidable risks. Consider these steps:
- Consult with an experienced defense attorney. The subpoena should be evaluated for scope to make sure that the requests are not overly broad or burdensome, and checked for ambiguous or unclear wording.
- Refer all communications to your attorney. You interact with investigators at your own risk, and you do not want to run the chance that your words will be misinterpreted, taken out of context, viewed as admissions or otherwise used against you.
- Read the subpoena carefully. If you are asked for documentation, make sure that you immediately take steps to preserve all relevant emails, financial records, internal memos or reports, text messages and more.
Ultimately, if you’ve been served with a subpoena related to a white-collar criminal investigation, treat it both as an obligation and a notice that you could benefit from experienced legal guidance.
