What to Do If You Receive a Criminal Subpoena in Pennsylvania

But don’t panic. Not all subpoenas mean you’re in legal trouble, and with the right legal advice, you can respond appropriately and protect your rights.

Here’s what you need to know if you’ve received a subpoena in Pennsylvania.

What Is a Criminal Subpoena?

A criminal subpoena is a legal document that compels a person to:

• Appear in court to testify as a witness

• Provide documents or evidence related to a case

• Testify before a grand jury in criminal investigations

Subpoenas are typically issued by the prosecutor’s office, but they can also be requested by a defense attorney in some cases.

Types of Subpoenas in Pennsylvania

There are two main types of criminal subpoenas:

1. Subpoena Ad Testificandum

This orders you to appear in court or before a grand jury to testify. You’ll usually be told where, when, and who is involved in the case.

2. Subpoena Duces Tecum

This requires you to produce specific records or items, such as phone records, business documents, or surveillance footage.

What If You Ignore a Subpoena?

Ignoring or failing to comply with a subpoena is not a good idea. You could be held in contempt of court, which may result in:

• Fines

• Jail time

• A bench warrant issued for your arrest

If you’re unable to attend the date listed (due to work, health, or travel), it’s important to contact an attorney immediately—they may be able to request a postponement or resolve the issue with the court.

What Are Your Rights If You’re Subpoenaed?

While a subpoena is a legal obligation, you still have rights, especially when it comes to self-incrimination and legal counsel.

✅ You can (and should) speak with an attorney before complying with the subpoena.
✅ If you're concerned about saying something that could incriminate you, you may be able to invoke your Fifth Amendment rights.
✅ If you're unsure why you’re being called, your attorney can contact the issuing party to clarify your role in the case.
✅ You do not have to speak with police or prosecutors outside the courtroom, even if they ask you to before or after receiving a subpoena.

Common Situations Where Subpoenas Are Used

• Witnesses to a crime (even if they didn’t see the entire incident)

• Friends or family of someone accused

• Medical professionals, bankers, or business owners with relevant records

• Social media or phone companies holding digital evidence

• Accused individuals in grand jury investigations (often without being told they’re a suspect)

Even if you're “just a witness,” it's smart to have a lawyer guide your response.

How a Criminal Defense Attorney Can Help

An experienced defense attorney can:

✅ Review the subpoena and determine what’s being asked of you
✅ Help you understand whether you're a witness, target, or suspect
✅ Protect your rights during testimony
✅ Seek to limit the scope of document production
✅ Negotiate immunity or protections if necessary
✅ Ensure you don't say or provide anything that could be used against you or someone you care about

Sometimes, a subpoena is a sign that you could become part of the investigation—even if you haven’t been charged.

Can You Refuse to Testify?

If you have legitimate concerns (self-incrimination, mental health, safety), your attorney may file a motion to quash or limit the subpoena. But refusing to testify altogether is not usually permitted unless you have a valid legal reason, such as:

• Attorney-client privilege

• Doctor-patient confidentiality

• Self-incrimination under the Fifth Amendment

Again, this is where legal representation is critical.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve received a criminal subpoena in Pennsylvania, don’t face it alone. Whether you're a witness, a record custodian, or unsure why you were contacted, Mark D. Hauser can help you understand your obligations, assert your rights, and protect your future.

With over 30 years of criminal defense experience in Philadelphia and throughout Pennsylvania, Mark has helped clients navigate subpoenas, grand jury proceedings, and complex investigations.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.