Disobeying a subpoena, which is a legal order requiring an individual to provide testimony or produce evidence, can have serious consequences. It is generally not advisable to ignore or disobey a subpoena, as doing so may result in legal penalties, including contempt of court charges.
Here are some potential consequences of disobeying a subpoena:
Disobeying a subpoena can lead to being held in contempt of court. Contempt of court refers to any action that disrespects or obstructs the functioning of the court or its officers. If found in contempt, penalties may include fines, imprisonment, or other punitive measures. Some fines can range anywhere from $100 up to $500 depending on the discretion of the fine and the type of case the subpoena was for.
In certain cases, if a person disobeys a subpoena, the court may issue an arrest warrant. This could result in being arrested and brought before the court to face the charges of contempt. Charges of contempt can carry a punishment of up to six months in confinement.
If an individual refuses to comply with a subpoena, the court may take further legal action to compel compliance. This could involve imposing additional fines, issuing a bench warrant for their arrest, or using other legal means to enforce compliance. Also, a Judge has the authority to hold a witness in criminal contempt until the end of the proceedings.
If a person refuses to testify or provide evidence as required by a subpoena, the court may draw negative inferences from their refusal. This means that the court may assume that the information or evidence sought would have been unfavorable to the person refusing to comply.
Disobeying a subpoena can have negative consequences for a person’s reputation. It may be viewed as an attempt to obstruct justice or impede a legal process, which can reflect poorly on the individual involved. It can also hold a negative light that the witness knows something or they themselves may even be involved in the crime.
It is important to note that the specific consequences for disobeying a subpoena can vary depending on the jurisdiction and the nature of the case. If you have concerns or questions regarding a subpoena, it is recommended to seek legal advice from an attorney who can provide guidance based on the relevant laws in your jurisdiction.
What Does Disobedience Of A Subpoena Entail
Disobedience of a subpoena refers to failing to comply with the legal requirements of a subpoena. When a person disobeys a subpoena, they typically do not appear in court as directed or fail to provide the requested documents, records, or testimony.
If a subpoena requires an individual to appear in court or at a specific legal proceeding, disobedience involves not showing up as ordered. This can be seen as a direct violation of the subpoena’s instructions as this would be an example of failure to appear.
Subpoenas can also require the production of specific documents or records. Disobedience in this context involves not providing the requested materials within the given timeframe or not providing them at all, this would show noncompliance of the party behalf.
Subpoenas often require individuals to provide testimony under oath. Disobedience occurs when a person refuses to answer questions or provide the required testimony as directed by the subpoena. Refusing to testify is a pretty common disobedience for a subpoena.
A “subpoena duces tecum” is a type of subpoena that requires the production of documents or evidence. Disobedience involves not complying with this type of subpoena by not delivering the requested materials to the court or the parties involved.
Disobedience may also involve attempts to avoid being served with a subpoena altogether. This can include evading service by intentionally avoiding contact with the process server or hiding to prevent receiving the subpoena.
It’s important to remember that disobedience of a subpoena is typically considered a legal offense. The consequences for such disobedience can include being held in contempt of court, facing fines, imprisonment, or other legal penalties. The specific repercussions will depend on the jurisdiction and the circumstances of the case. It’s advisable to consult with a qualified attorney to understand the legal implications and potential consequences in your specific situation.
How Much Of A Fine Is For A Disobedience Subpoena In Texas?
The specific monetary amount of the fines for disobeying a subpoena in Texas can vary depending on the circumstances of the case and the discretion of the court. The Texas Rules of Civil Procedure govern the procedures related to subpoenas in civil cases, while the Texas Code of Criminal Procedure addresses subpoenas in criminal cases.
Regarding civil cases, if a person disobeys a subpoena, they may be held in contempt of court. Under Rule 176.001 of the Texas Rules of Civil Procedure, contempt penalties for disobeying a subpoena can include fines, imprisonment, or both. The exact amount of the fine would be determined by the court based on various factors such as the seriousness of the disobedience, the impact on the legal proceedings, and the individual’s circumstances.
In criminal cases, if a person fails to comply with a subpoena, they may also face penalties for contempt of court. The specific monetary amount of the fine in criminal cases for disobeying a subpoena would depend on the judge’s ruling and the relevant provisions of the Texas Code of Criminal Procedure.
To get accurate and up-to-date information on the fines associated with disobeying a subpoena in Texas, it is recommended to consult with a legal professional or an attorney who is familiar with the specific details of your case and can provide guidance based on the latest laws and court precedents.
Potential Defenses Against Disobedience Subpoena
There can be potential defenses against the charge of disobedience of a subpoena, depending on the circumstances of the case. It’s important to note that legal defenses can vary based on jurisdiction, so consulting with an attorney who is familiar with the laws in your specific jurisdiction is crucial. Here are a few possible defenses:
If you can demonstrate that you did not receive proper service of the subpoena, such as not being personally served or not being served in accordance with the legal requirements, you may have a defense against the charge of disobedience. However, it’s important to consult with an attorney to assess the validity of this defense based on the specific laws and rules in your jurisdiction.
In certain situations, you may have a defense if complying with the subpoena would cause extreme hardship or be impossible. This defense typically requires presenting evidence to demonstrate the specific reasons why compliance is unreasonably burdensome or not feasible.
If the information sought by the subpoena is protected by privilege or constitutional rights, you may have a valid defense against its enforcement. For example, attorney-client privilege or the right against self-incrimination may provide a basis for refusing to comply with certain aspects of the subpoena.
If you believe that the subpoena is invalid or has been improperly issued—for example, if it exceeds the court’s authority or is not relevant to the case—you may have a defense against the charge of disobedience. An attorney can help assess the validity of the subpoena and guide you on the appropriate legal steps to take.
It is crucial to consult with an attorney who can provide advice based on the specific details of your case and the laws in your jurisdiction. They can assess the available defenses and help you determine the best course of action to protect your rights and interests.
Need Help? Call Us Now!
Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. We can explain everything you need to know about your trial and how to defend your case best. We can help you step by step through the criminal process.
Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.
Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.
Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment via Zoom, google meet, email, or an in-person appointment; and we will provide you with as much advice and information as possible so you can have the best possible result in your case.
Call us now at (281) 810-9760.
Other Related Articles
What You Need to Know About Being Served and Responding to a Subpoena
Breaking Down Subpoenas: Exploring the Different Types
Protecting Children’s Testimony in Legal Proceedings
What happens when you are served with Divorce papers in Texas?
Disobedience of a Subpoena FAQs
Select a question from the dropdown below to reveal the answer:
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
