A subpoena in a California criminal case is a court-issued order requiring a person to appear in court to testify or to produce documents and other evidence.
Both prosecutors and criminal defense attorneys have the legal authority to issue subpoenas when voluntary cooperation is not possible.
Subpoenas play a critical role in protecting a defendant's constitutional right to present a defense.
When a witness or third party refuses to cooperate or to release records, a subpoena allows the court to compel compliance.
Understanding how subpoenas work — and what your rights are if you receive one — is essential.
Your best chance at a positive outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is a Subpoena?
A subpoena is a formal legal demand issued under court authority that requires:
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A person to appear in court and testify, or
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A person or organization to produce documents, records, or tangible evidence
A subpoena is not a request. It is a court order. Ignoring it can result in serious legal consequences.
Who Can Issue a Subpoena in a Criminal Case?
In California criminal cases, subpoenas may be issued by:
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The prosecutor
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A criminal defense attorney
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The court clerk at an attorney's request
Although attorneys prepare and issue subpoenas, the court enforces them.
Subpoenas must be properly served by someone who is not a party to the case.
Types of Subpoenas in California Criminal Cases
There are two primary types of subpoenas used in criminal court.
Witness Subpoena
A witness subpoena requires a person to appear in court to provide testimony.
This testimony may be required at:
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A motion hearing
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A sentencing hearing
The witness must appear at the date and time specified in the subpoena.
If a subpoenaed witness fails to appear, the court may:
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Issue a bench warrant
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Continue the hearing
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Hold the witness in contempt
Subpoena Duces Tecum
A subpoena duces tecum requires the production of documents or physical evidence.
Common examples include:
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Medical records
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Business and financial records
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Phone and text message records
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Insurance files
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Surveillance footage
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Employment records
In most cases, the custodian of records produces certified copies rather than appearing personally in court.
Courts will not enforce requests for irrelevant, overly broad, or harassing materials.
How Is a Subpoena Served?
Subpoenas must be properly served to be valid.
Service is typically completed by:
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A law enforcement officer
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A registered process server
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Any adult who is not a party to the case
The subpoena must provide reasonable notice so the witness has time to comply.
While service by mail is sometimes permitted, personal service is generally more effective and reliable.
Can Records Be Obtained Without a Subpoena?
In some cases, records may be obtained voluntarily if the records' holder signs a written authorization.
If the records are not voluntarily released, an attorney may issue a subpoena duces tecum. In certain situations involving sensitive records, court approval or judicial review may be required.
Motion to Quash a Subpoena
A person or entity that receives a subpoena has the right to challenge it by filing a motion to quash.
Common grounds for challenging a subpoena include:
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The request is irrelevant to the case
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The request is overly broad
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The request violates a legal privilege
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The subpoena creates an undue burden
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Improper service
If the court agrees, it may cancel or modify the subpoena.
Privileged Records
Some records are protected by legal privilege and cannot be disclosed without court approval.
Examples include:
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Attorney-client communications
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Psychotherapist-patient records
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Certain medical records
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Clergy communications
Courts carefully balance privacy rights against the need for evidence before ordering disclosure.
Fifth Amendment Right Against Self-Incrimination
A subpoenaed witness may invoke the Fifth Amendment if answering questions would tend to incriminate them.
The Fifth Amendment protects individuals from being compelled to testify against themselves.
However, the privilege must be properly asserted in court. A person cannot simply ignore a subpoena without appearing or formally asserting their rights.
What Happens If You Ignore a Subpoena?
A subpoena is a court order. Ignoring it can result in serious consequences.
Possible penalties include:
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A bench warrant for arrest
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A fine of up to $1,000
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Up to six months in county jail
Judges have broad authority to enforce compliance.
Frequently Asked Questions
Can a defense attorney subpoena police records?
Yes, if the records are relevant to the defense and comply with discovery rules.
Can I refuse to testify?
You may assert your Fifth Amendment right if testimony could incriminate you, but you must appear and assert it properly.
What if the subpoena asks for confidential records?
You may file a motion to quash if the request violates privilege or privacy protections.
Do I need a lawyer if I receive a subpoena?
If the subpoena involves sensitive records or potential criminal exposure, consulting an attorney is strongly recommended.
Why Legal Guidance Matters
Subpoenas can significantly affect the outcome of a criminal case. Whether you are issuing a subpoena, challenging one, or responding to one, mistakes can have serious consequences.
An experienced criminal defense attorney can:
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Issue subpoenas to obtain critical evidence
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Challenge improper subpoenas
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Protect privileged information
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Advise witnesses on constitutional rights
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Litigate subpoena disputes in court
If you or a family member has been served with a subpoena in a California criminal case, seeking legal advice early can protect your rights and prevent costly errors.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.
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