There are two types of subpoenas in Omaha federal criminal investigations. A subpoena ad testificandum requires you to testify in court. Conversely, a subpoena duces tecum requires you to produce documents or evidence such as bank statements, records, or notes.
If you were recently subpoenaed, it is crucial that you adhere to the court order. As with all aspects of criminal investigations, you should speak with a skilled federal defense attorney about your rights and responsibilities regarding subpoenas.
Can Federal Law Enforcement Officers Question You Without a Subpoena?
Federal agents can question you about an investigation without a subpoena. In fact, law enforcement officers do not necessarily have to offer any identifying information. This is called a consensual encounter.
It’s important to note that while federal criminal investigators can question you without a subpoena, you do not have to respond. Officers use this tactic to elicit voluntary statements that they can use against you in court.
During these consensual encounters, law enforcement officers are not required to read Miranda warnings or inform you of your rights. So, you should be careful when choosing to answer questions. It is always best to have a seasoned attorney present.
Requirements to Obtain a Federal Subpoena in Omaha
To obtain a subpoena, the federal officer must have a reasonable expectation that they will find additional evidence. A subpoena for a federal criminal investigation in Omaha will always be issued by a judge or magistrate judge.
There are some service requirements and limitations for subpoenas. For example, federal law enforcement cannot subpoena a piece of evidence from across the country and expect it to show up the next day. A subpoena must be a reasonable request.
Can You Ignore a Subpoena in a Criminal Investigation?
Though you technically can ignore a subpoena, it is not advised. Ignoring a court order can lead to additional criminal charges, such as contempt of court, which can result in fines or jail time. If you were issued a subpoena, you should talk to a lawyer familiar with federal criminal investigations about your next steps.
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Challenging a Federal Subpoena
There are several ways to challenge a federal subpoena. For example, you can check for a judge’s signature. If the document was not issued by a judge, it is invalid.
Alternatively, you may challenge a subpoena by demonstrating that it does not apply to you, and you cannot comply. Regardless of the situation, a dedicated federal crimes lawyer can help you examine your subpoena and determine whether you can challenge it.
Talk to an Attorney about Subpoenas in Omaha Federal Criminal Investigations
When issued with a subpoena, you should always talk to a practiced attorney about what is and is not safe to disclose. For example, if you are a doctor, our attorneys can help you differentiate the things you should share and things you are ethically and legally prohibited from disclosing.
The legal team at Berry Law can also file appropriate motions to federal subpoenas and help you protect your rights. To gain a better understanding of subpoenas in Omaha federal criminal investigations, schedule a confidential consultation with an attorney at Berry Law today.