Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Yes, California Subpoenas Will Soon Be Deliverable Electronically

Anyone who has watched a police or law procedural show likely knows that subpoenas must be delivered electronically. While it was once true that this was the most reliable way to get these documents to people, this is no longer the case. In 2020 there are many options to deliver them electronically – and the law is finally catching up.

It Is All About SB 471

Before SB 471, a witness in a criminal case had to be personally served through the mail or messenger service. Now, it is possible to serve a person by fax or other electronic means – including email. As a result, if a person receives an order to appear in court and testify, they may receive it to their email folder instead of in the lobby of their workplace.

It is a Crime to Avoid a Subpoena in California

This will make receiving a subpoena much easier but it can also complicate some aspects of the criminal court process. For example, it is currently – and will remain – illegal to avoid a subpoena. Does that mean that you absolutely have to do what the subpoena says? Not necessarily – but it does mean that you must respond in some way.

Learn What to Do if You Are Presented with a Subpoena You Are Worried About

If you are issued a subpoena and feel worried about it for any reason, then it is worth it to contact a criminal defense attorney who can help you. We can review the subpoena, listen to your confidential story about what your concerns are, and present you with legal options.

For example, if you are being asked to be a witness to a crime you had a part in, then you have the right to not incriminate yourself. This may still require you to show up for the deposition or court appearance (depending on the situation) but your attorney can help you understand your options to not incriminate yourself.

The Fifth Amendment Must Be Affirmed

Most people know that the Fifth Amendment protects them from admitting to things that could incriminate them in a crime. Most people have heard the term “Plead the Fifth.” What many people do not know is that this doesn’t mean you can simply not say anything. If you are going to use the Fifth Amendment to prevent incriminating yourself, then you must state that is what you are doing.

This can seem complicated but with the right attorney on your side, you will be able to easily understand your rights and what your best options are. You can contact Law Office of Michael L. Fell at (949) 585-9055 today for a free case evaluation.