What should I do if I receive a subpoena? 6 things to note when receiving a subpoena! Criminal litigation lawyers tell you!

What is a subpoena?

The so-called summons is a document sent by the judicial authority when a case is in litigation to summon the defendant or witness to the District Attorney's Office or court for trial. The relevant summons is stipulated in Articles 71 and 175 of the Criminal Procedure Law. strip.

The first thing to confirm after receiving a subpoena

When ordinary people receive a summons from a judicial authority, they are often stunned and at a loss. They want to go to court, whether they will be imprisoned, what is going on, and I don’t know what to say, what will happen, etc. wait.
Lawyers suggest that when receiving a subpoena, you should first confirm the authenticity of the subpoena and its content.
On the subpoena, first at the top, the unit that issued the subpoena will be recorded. You can confirm it first. Moreover, the subpoena will record the unit handling the case and the clerk. The subpoena should also have the seals of the clerk and prosecutor. However, it may not be possible to judge the authenticity of the subpoena based on the seals alone. If you have any questions about the content of the subpoena, it is recommended that you first check online to see if the phone number is indeed the official phone number of the judicial authority. If so, you can call the clerk directly to ask. If you still have doubts, it is recommended that you take the subpoena and go to the District Attorney's Office or court in person to confirm the authenticity of the subpoena.

Confirm the identity of the person being summoned

Secondly, it is recommended to confirm the identity of the person being summoned.
The identity of the person being summoned will be recorded on the subpoena. Usually the person being summoned, which may be the defendant, complainant or witness, will be recorded on the subpoena. If there is anything unclear, you can also ask the handling clerk to confirm which case it is.

Can I not go if I receive a summons?

Not necessarily, it depends on the record on the summons. If the subpoena is issued to the complainant, assuming that the facts are quite clear, it may record a self-assessment on whether to go to court. If so, you can decide on your own whether to go to court.
However, in some cases, the summons will state that you must appear in court. If this is the case, the person being summoned does not have the freedom to decide whether to appear in court. At this time, you still have to arrange a time and arrive according to the time recorded on the summons. court for questioning.
So what if something really happens? Please don’t be impatient at this time. It is recommended that you contact the District Prosecutor’s Office or the court as soon as possible to inform you of the matter. At this time, the District Prosecutor’s Office or the court may ask for relevant proof of leave, such as a medical certificate or proof of other matters, etc. At this time, Depending on the instructions of the judicial authorities, you can usually ask for leave to be rescheduled.

What should I prepare before going to court?

At this time, it depends on the identity of the person being summoned.
Assuming that you are the defendant, it is recommended that you evaluate what happened. If you are not sure how to deal with it in the future, you will be advised to hire a lawyer for assistance.
If you are a witness, tell the truth based on what you know. However, if you are worried that telling the truth will lead to criminal prosecution, it is still recommended to consult a lawyer first to see how to deal with it.
When testifying in court, the prosecutor or judge will first provide a written statement. The witness must first confirm that the statements made are true. If he commits perjury after making the statement, he may be guilty of perjury and be punished with a prison sentence of up to seven years.
In certain circumstances, witnesses do not need to confirm, for example, civil servants or professionals do not need to confirm the secrets they learned during their duties, the witness is a relative of the defendant, or the witness will be subject to criminal prosecution after testifying, etc. .

Facing a criminal subpoena is an extremely important and worrying time. Before going to court, being well prepared is a critical step in ensuring that you can fully exercise your rights and protect yourself in court. Here are some suggestions to help you prepare:

1. Seek professional legal representation:

The first priority is to seek and retain an experienced, professional criminal attorney. An attorney will help you understand the charges, explain the law, develop a defense strategy, and represent you in court. Their expertise will be your greatest asset when facing criminal proceedings.

2. Collect and organize documents:

Collect and organize all relevant documents, including but not limited to subpoenas, relevant documents, evidence, eyewitness testimony, etc. This will help your attorney better understand the facts of your case and provide you with sufficient material for your defense.

3. Discuss defense strategy with lawyer

Work closely with your attorney to discuss possible defense strategies. This includes denying the accusation, proposing legal defense, interpreting evidence, etc. Make sure you understand your attorney's defense plan so you can work together to develop the best strategy.

4. Preparing statements and oral defense

Prepare a clear, strong statement to present your position in court. Also, practice your oral advocacy skills to make sure you express your point of view clearly and confidently in court.

5. Investigate possible witnesses

If there are witnesses or people who can provide testimony, contact them to make sure they come forward to testify. Being able to give credible testimony in court can be a critical point in the case.

6. Understand court procedures

Understand court procedures and the judge's expectations. This includes being on time for court, observing court etiquette, and respecting the judge and other court participants. This helps create a positive impression while ensuring the case proceeds in a smooth environment.

7. Be prepared for possible problems

Lawyers and judges may ask a variety of questions, so it is important to be prepared for possible issues. This includes an in-depth understanding of the case, familiarity with relevant legal provisions, and other details relevant to the case.

8. Ensure the integrity of legal documents

Ensure the completeness and correctness of all legal documents. This includes the proper filing of subpoenas, evidence, and legal documents to ensure that required documents are quickly obtained in court.

9. Carefully consider and follow court instructions

Finally, carefully consider and follow the court’s instructions. This includes pretrial procedures, document filing deadlines, and other details specified by the court. Make sure your understanding of court procedures is accurate and that you behave professionally in court.
These suggestions are intended to give you some direction when facing criminal proceedings. However, the best approach is to work closely with your attorney throughout the entire process to ensure that your rights are best protected.

Is it necessary to hire a lawyer?

If you are a defendant, due to various factors, you may not be able to accurately express the true facts during the interrogation, or you may not be able to fully defend yourself, or the legal relationship is complicated and you cannot handle it, or you are not clear about the law. If there is anything unclear about the relationship or relevant legal provisions, the best way is still to consult a lawyer and let the lawyer judge the relevant situation and give the most appropriate advice. At this time, how to choose a suitable lawyer is the most important. It is recommended that you still need to find a lawyer with relevant case experience and a certain degree of seniority, who can better understand the facts of the case and provide the most appropriate assistance. Moreover, the court procedures are ever-changing and experienced Senior lawyers are more able to assist clients and ensure their maximum legal rights and interests.

Further reading

The lawyers of our firm have focused on the field of criminal litigation for many years and have represented many criminal cases that have attracted public attention. They specialize in corruption regulations, violations of banking laws, violations of securities and exchange laws, violations of commercial accounting laws, commercial misappropriation, fraud, forged documents, We provide the highest quality legal services based on our rich experience in matters such as negligent injury, reputational damage, damage, obstruction of official duties, and public danger.

Fidelity LLP Criminal Law Department
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw