Subpoenas play a crucial role in criminal cases, enabling both prosecutors and defense attorneys to gather evidence and secure witness testimony. If you are involved in a criminal matter—whether as a defendant, a witness, or someone in possession of relevant records—you may encounter a subpoena at some point in the process.
Understanding how subpoenas work and their purpose can provide valuable context when navigating the criminal justice system.
Subpoena Defined
A subpoena is a court-authorized legal order that requires a person or organization to take a specific action in connection with a legal proceeding. In Maryland criminal cases, a subpoena may require an individual to appear and testify at a court proceeding or hearing, or to produce documents, records, or other evidence.
Because subpoenas carry the force of law, they must be followed unless they are properly challenged or limited by the court. Failing to comply without a valid legal reason can result in penalties, including a finding of contempt.
What Does a Subpoena Do?
A subpoena is essentially a court-authorized demand for information. Depending on the type issued, it may require someone to:
- Appear and testify at a trial, hearing, or deposition
- Produce documents, records, or electronically stored information
- Do both—testify and provide specific evidence
Subpoenas are enforceable under Maryland law. Failing to comply without a valid legal reason can result in penalties, including contempt of court.
Types of Subpoenas in Maryland
Maryland recognizes different types of subpoenas, each serving a specific purpose. Examples of types of subpoenas include:
Subpoena Ad Testificandum
A subpoena ad testificandum orders a person to appear and give testimony. The testimony may be required in court, at a deposition, or during another legal proceeding. Witnesses who receive this type of subpoena are generally required to testify truthfully unless they have a recognized legal privilege.
Subpoena Duces Tecum
A subpoena duces tecum requires the recipient to produce documents or other tangible evidence. This can include:
- Medical or financial records
- Business documents
- Emails, text messages, or other electronic data
- Photographs or recordings
In some cases, the subpoena may require both testimony and document production.
Who Can Issue a Subpoena?
In Maryland, subpoenas are typically issued by:
- Courts
- Clerks of court
- Attorneys involved in a case
While an attorney may prepare and sign a subpoena, it must still comply with the Maryland Rules of Procedure to be valid. Administrative agencies may also issue subpoenas within the scope of their authority.
Can You Challenge a Subpoena in Maryland?
Maryland law allows individuals and organizations to object to or seek to quash a subpoena under certain circumstances. Common reasons include:
- The subpoena is overly broad or unduly burdensome
- The requested information is irrelevant
- The subpoena seeks privileged or confidential information
- Improper service or procedural defects
A motion to quash or modify a subpoena must usually be filed within a specific timeframe. Courts will weigh the need for the information against the burden placed on the recipient.
Consequences of Ignoring a Subpoena
Ignoring a subpoena in a Maryland criminal case can result in serious legal consequences. Because a subpoena is a court-authorized order, failure to comply without a valid legal excuse may lead to a finding of contempt of court.
Potential consequences of ignoring a subpoena may include:
- Monetary fines imposed by the court
- Court orders compelling immediate compliance
- A finding of civil or criminal contempt
- Additional legal penalties or sanctions
- Issuance of a bench warrant for arrest in severe cases
These consequences can apply to defendants, witnesses, and third parties alike. If a subpoena is improper or seeks protected information, the appropriate response is to challenge it through the court—not to ignore it.
A Lanham Criminal Defense Lawyer Can Help
Subpoenas can carry serious implications in a criminal case, particularly when they involve testimony, confidential records, or strict deadlines. An attorney experienced in Maryland law can review a subpoena for legal defects, assess whether it is overly broad, and identify potential objections or privileges.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771
Available 24/7