Receiving a federal subpoena can be jarring. Whether it arrives by mail, in person, or through your employer, your first thought is often, “What now?” It’s important to understand that this document is more than just a formal request. It’s a legal command. 

If you live or work in North Carolina and have received a subpoena from a federal agency or court, here’s what you need to know about how to respond.

What Is a Federal Subpoena?

A federal subpoena is a legal document issued by a federal court or agency. It may require you to testify at a deposition, hearing, or trial, or to produce documents, records, or other evidence. These subpoenas are usually issued during federal investigations, civil lawsuits, or criminal cases. 

There are two primary types:

• A subpoena ad testificandum, which requires you to appear and testify.
• A subpoena duces tecum, which requires you to produce documents or other evidence.

Ignoring either one is not an option. Failing to respond can lead to fines or contempt charges.

Step 1: Don’t Panic, But Don’t Delay

The most important thing to do when you receive a subpoena is to take it seriously. Do not toss it aside or assume it’s a mistake. But also, don’t respond impulsively. You need to understand what is being asked and what your rights and obligations are before doing anything else.

Step 2: Contact an Attorney Immediately

Before you respond, talk to a federal criminal defense attorney. Even if you believe you have nothing to hide, speaking with a lawyer helps protect your rights and avoid legal missteps. Subpoenas can involve complex issues like self-incrimination, privileged communications, or business confidentiality. An attorney can help you:

• Understand the scope of the subpoena
• Determine whether you are a witness, subject, or target
• Assert any legal objections or privileges
• Negotiate the terms or timing of your response

If you are unsure why you were subpoenaed or whether you’re at legal risk, do not attempt to figure it out alone.

Step 3: Review the Subpoena Carefully

Check what the subpoena is asking for. Are you being called to testify? Are you being asked to provide documents? What is the deadline? Subpoenas are often detailed, but they can also be broad or burdensome. Your attorney can help determine whether the request is reasonable or if objections should be raised.

Also, check which agency or court issued the subpoena. Agencies like the FBI, IRS, or SEC often conduct investigations that can lead to criminal charges or civil penalties. Understanding the source helps shape your response strategy.

Step 4: Preserve All Relevant Evidence

If the subpoena requests documents or data, you must not delete, destroy, or alter any materials. This includes emails, texts, and files. Destruction of evidence, even by accident, can be treated as obstruction of justice. Preserve everything that may be relevant while your lawyer evaluates how to respond.

Step 5: Respond in a Timely and Lawful Manner

Once you and your attorney have a plan, you must respond according to the rules outlined in the subpoena. This may mean showing up at a specific courthouse or agency office, producing documents by a set deadline, or appearing for a deposition. If you fail to comply, the issuing party may seek a court order to compel compliance or impose sanctions.

Your lawyer may also file a motion to quash or modify the subpoena if it is overly broad, unreasonable, or violates your rights.

Protect Yourself by Being Proactive

Whether you are a business owner, employee, or private citizen, receiving a federal subpoena in North Carolina should prompt you to act carefully. The best step you can take is to get legal advice before responding. A misstep early on can lead to bigger problems later.

Contact Ryan Willis Law Today

If you’ve received a federal subpoena, Ryan Willis Law is here to help. Our firm provides experienced legal guidance and strategic representation for clients facing federal investigations or litigation. We know how to navigate complex procedures and protect your rights. Call us today for a confidential consultation.