Skip to content 
Ignoring subpoena orders can lead to serious legal consequences. A subpoena is a formal legal command to testify or provide evidence, and failing to comply may result in contempt of court charges, fines, or even jail time. Courts treat ignoring a subpoena as a direct challenge to the justice system, making it essential to respond promptly and appropriately.
Here are some potential consequences of disobeying a subpoena:
Ignoring 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.
Legal Consequences of Ignoring a Subpoena
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. Ignoring a subpoena may be seen as an attempt to obstruct justice or interfere with the legal process, casting doubt on the individual’s intentions. It can create the impression that the witness is hiding information or may even be connected to the crime, potentially damaging their credibility or raising further suspicion.
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 may also demand the production of specific documents or records. Failing to provide these materials within the required timeframe—or refusing to provide them altogether—constitutes noncompliance. Such actions can signal willful disregard for the court’s authority and may lead to legal consequences for the party involved.
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.
Disobedience of a Subpoena Duces Tecum and Its Legal Consequences
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.
Challenging a Subpoena: Know Your Rights and Legal Options
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.
In conclusion, ignoring subpoena orders can seriously jeopardize your legal standing and result in harsh penalties, including fines or jail time. Whether you’re asked to appear in court or provide documents, a subpoena is not optional. Responding appropriately protects your rights and ensures compliance with the legal process. If you’re unsure how to proceed, seeking legal guidance is the smartest way to avoid the consequences of ignoring subpoena requirements.
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 act in your best interest and fight to achieve the best possible outcome for your case. Our team will clearly explain your trial process, outline your strongest defense options, and guide you step by step through every stage of the criminal justice system. You won’t face it alone—we’re here to support you from start to finish.
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
- Divorce Discovery Process: The Role of Expert Witnesses and Subpoenas
- The Role Of Subpoenas In Legal Matters: A Comprehensive Guide
- How To Obtain a Subpoena For Legal Proceedings
- Caught on Camera: How Surveillance Footage Works in Criminal Cases in Texas
- The ‘Get Out of Jail’ Myth: Can You Really Call the Judge for a Favor?
- Can You Be Arrested for What You Post? Social Media and Texas Criminal Law
- 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
A subpoena is a legal order that requires an individual to appear in court or produce documents or evidence as a witness in a legal proceeding. It is issued by the court or an authorized party involved in the case.
If someone disobeys a subpoena by failing to appear in court or refusing to produce the required documents or evidence, they may be subject to legal consequences.
Yes, a person can be punished for disobeying a subpoena. The court may hold them in contempt, which can result in fines, imprisonment, or both.
The consequences of ignoring a subpoena can be severe. In addition to potential fines or imprisonment for contempt of court, the person’s actions may negatively impact the legal case, and they may face additional legal issues.
If a person cannot comply with a subpoena due to a valid reason, such as illness, scheduling conflicts, or privilege, they should immediately contact the court or the party who issued the subpoena. They may need to request an extension or discuss their situation with the court to avoid contempt charges.
