Having a process server or law enforcement officer unexpectedly hand you a subpoena in connection with a Las Vegas criminal case can be a frightening and intimidating experience. The idea that prosecutors now expect you to appear in court, testify under oath, produce documents, or answer questions about criminal conduct may cause you to fear retribution or even the possibility of exposing your own criminal liability. Ignoring the subpoena, however, is not a wise choice because failing to appear or respond can lead to contempt proceedings and even a warrant for your arrest.
It is crucial to understand that, like a defendant, you have constitutional rights as a “witness.” Moreover, criminal defense attorneys not only protect people who have already been charged with crimes, but also people who are potential targets of criminal investigations, including witnesses. If you have received a witness subpoena in Clark County, a consultation with The Vegas Lawyers is completely confidential and allows you to understand your rights and obligations before walking into a courtroom or prosecutor’s office.
Being subpoenaed doesn’t mean you have to face the legal system alone. If you are worried about testifying in a Las Vegas criminal case, contact The Vegas Lawyers for a confidential consultation.
What Does It Mean to Receive a Witness Subpoena in Nevada?
A subpoena is a formal legal order issued by a court, requiring you to appear at a specified place and time to testify or, in some cases, to produce documents or other evidence. Under Nevada law, a criminal subpoena typically identifies the court and proceeding and commands the person named in it to attend and give testimony at the specified time and place. Nevada law also allows prosecutors and defense attorneys to issue subpoenas for witnesses in criminal proceedings under specified circumstances.
The Difference Between a “Witness” and a “Target”
Being subpoenaed as a witness does not necessarily mean prosecutors believe you committed a crime. Often, it only means that they believe you witnessed an assault or a car crash, handled financial records that pertain to a criminal case, or possess information that could help the prosecution. Unfortunately, however, a “witness” can quickly turn into a suspect (target) during questioning. For this reason alone, you should never agree to speak to the police or prosecuting attorney without first consulting with a criminal defense attorney.
Types of Subpoenas: Trial Testimony vs. Grand Jury vs. Subpoena Duces Tecum (Producing Documents)
A trial or preliminary-hearing subpoena typically requires you to appear for a deposition or trial and testify concerning matters that are relevant to the criminal case, while a grand jury subpoena may require testimony during a confidential grand jury investigation. A subpoena duces tecum requires you to produce specified evidence, such as documents, photographs, financial records, electronic communications, business records, or other objects.
What You Are Legally Required to Do
A subpoena is not an invitation or a request. It is an order with the authority of a court behind it. As such, once you have been properly served with a valid subpoena, Nevada law imposes legal obligations on you that you should understand and take seriously.
You Must Appear on the Scheduled Date and Time
Nevada law requires a duly subpoenaed witness to attend at the appointed time, bring any papers under the witness’s control that are required by the subpoena, answer pertinent and lawful questions, and remain until the witness has been discharged, or the testimony is complete. If there is a legitimate reason why you cannot attend or if you have concerns about exposing yourself to criminal liability, consult with a criminal defense attorney immediately.
You Must Answer Lawful Questions Truthfully (Under Oath)
Testimony pursuant to a subpoena is typically taken under oath or affirmation declaring that the testimony will be truthful. Lying under oath can expose you to criminal allegations of perjury. Nevertheless, you have constitutional rights and privileges that may protect you while testifying. A criminal defense attorney can explain your legal rights and options to you prior to testifying.
You Are Entitled to Witness Fees and Travel Expenses
Even if you have no concerns about potential criminal liability, being subpoenaed to testify can create practical problems if you must miss work or travel a considerable distance to court. Nevada law provides a subpoenaed witness attending a Nevada court in a criminal case with a statutory fee for each day of attendance, along with applicable mileage reimbursement. Additional reimbursement rules can apply depending on where the witness resides and the circumstances of the appearance.
What You Are NOT Required to Do (Your Legal Rights)
A subpoena has significant court authority behind it, but it does not eliminate your constitutional rights. Knowing the difference between what the subpoena requires you to do and what prosecutors want you to do is crucial to protecting you and your rights.
You Do NOT Have to Speak to Police or Prosecutors Outside of Court
A subpoena requiring you to appear and testify at a deposition, hearing, or trial does not translate to a requirement that you participate in a separate voluntary interview with the police or prosecutor outside of those settings.
You Do NOT Have to Disclose Privileged Information
Nevada recognizes several evidentiary privileges that can prevent certain communications from being disclosed even if you were properly subpoenaed. Attorney-client privilege applies to qualifying confidential communications between a client and their attorney, while the spousal privilege prevents you from being forced to testify against a spouse. These privileges are complicated, and exceptions apply, which is why you should speak to a criminal defense attorney if you believe that testimony is protected by privilege.
You Do NOT Have to Answer Questions That Incriminate You (The 5th Amendment)
The Fifth Amendment protection against self-incrimination applies to witnesses as well as criminal defendants. If answering a question could reasonably expose you to criminal prosecution, you may have the right to invoke the Fifth Amendment rather than provide the incriminating testimony.
Prosecutors will often try to pressure witnesses into informal interviews before court. Never speak to law enforcement without an attorney present. Call The Vegas Lawyers to ensure your rights are protected.
What Happens If You Ignore a Subpoena in Las Vegas?
Ignoring a subpoena can turn your role as a witness into a defendant with an arrest warrant issued for you. Always consult with an attorney to discuss your legal options instead of ignoring a subpoena.
Contempt of Court and Bench Warrants
Under Nevada law, failing to obey a properly served criminal subpoena without an adequate excuse can constitute contempt of court, and the court may issue a warrant directing the sheriff to arrest the witness and bring that person before the court.
Fines and Potential Jail Time
Contempt proceedings can result in the court ordering a witness to pay a substantial fine or spend time in jail for intentionally disobeying a properly served subpoena.
The 5th Amendment and Immunity: What If You Did Something Wrong?
You might be a witness because you participated in the criminal activity, either directly or indirectly. If so, testifying truthfully could expose you to criminal prosecution, while answering falsely could lead to perjury charges. A criminal defense attorney can help you navigate this no-win situation by invoking your 5th Amendment rights and/or negotiating immunity from prosecution in exchange for your testimony.
Pleading the 5th as a Witness
The Fifth Amendment allows a witness to refuse compelled testimony when the answer could tend to incriminate that witness. An attorney can help determine which subjects create genuine criminal exposure and when the privilege should be asserted.
How Prosecutors Grant Immunity (NRS 178.572)
Nevada law provides that during a grand jury investigation, preliminary examination, or trial in a court of record, the court may, on motion of the State, order that a material witness be released from liability for prosecution or punishment based on testimony or other evidence the witness is required to provide. Such an immunity order operates as a bar to prosecution for offenses shown in whole or in part by the compelled testimony or evidence, except that it does not protect a witness from prosecution for perjury committed while giving the testimony.
How The Vegas Lawyers Protect Witnesses in Criminal Cases
If you are a subpoenaed witness with possible criminal exposure, the prosecution does not represent you and the defendant’s attorney does not represent you either. In fact, your interests can differ dramatically from everyone else’s interests in the case, which is why you may need your own attorney.
Quashing (Canceling) Invalid Subpoenas
Some subpoenas can be challenged, potentially leading to the subpoena being quashed or modified. If you believe a subpoena is unreasonable, consult with an attorney about your legal options.
Negotiating Immunity and Asserting Your Rights in Court
When your testimony creates potential criminal exposure, The Vegas Lawyers can evaluate whether the Fifth Amendment applies and/or explore the possibility of immunity with the prosecuting attorney. Nevada law gives you important rights, and our experienced criminal defense attorneys can ensure those rights are protected.
FAQ Section
Can I refuse to testify if I was subpoenaed in a Nevada criminal case?
You cannot simply refuse to appear or refuse all testimony after being properly subpoenaed, but you may be able to invoke applicable privileges, including the Fifth Amendment right against self-incrimination.
Will I go to jail in Las Vegas if I ignore a witness subpoena?
You could be arrested if the court issues a warrant for your failure to appear.
Do I need to hire a lawyer if I am just a witness in a criminal case?
Not every witness needs separate counsel, but you should strongly consider speaking with a criminal defense attorney if your testimony could implicate you in illegal conduct, you are concerned about the information sought by the prosecutor, or are uncertain about your rights.
What happens if I plead the 5th Amendment on the witness stand in Nevada?
If you assert your 5th Amendment right, the judge will determine if the privilege applies and, if it does, you will not be required to answer the question.
Can a lawyer help me get a subpoena dropped in Clark County?
If there is good cause, a lawyer may help you get a subpoena quashed or modified.
Can my spouse be forced to testify against me in a Nevada court?
Usually, your spouse cannot be forced to testify against you, but there are exceptions to the spousal privilege.
Does the prosecutor have to pay me for missing work to testify in court?
Nevada law provides statutory witness compensation, but it does not require prosecutors to replace all your lost wages. You may receive a daily fee along with mileage reimbursement if you are required to testify.
Ignoring a subpoena can lead to your arrest, but testifying without protection can put your own freedom at risk. Reach out to our Las Vegas criminal defense team today to discuss your legal options in complete confidence.