Jeremy Rosenthal | January 14, 2026 | Criminal Defense
A subpoena is a formal legal order that requires someone to perform a certain action, such as appear in court or provide a document. In Texas, subpoenas are used in both criminal and civil proceedings to ensure that all of the relevant evidence and witnesses are made available to the court.
If you receive a subpoena, you are legally required to comply with its instructions. Ignoring it can lead to serious consequences, including the possibility of jail time for contempt of court. Subpoenas are a common part of criminal investigations and trials, helping ensure that the justice process has access to complete and accurate information.
Types of Subpoenas in Texas
Texas law recognizes several different kinds of subpoenas, each serving a specific purpose depending on the needs of the case.
These include:
- Subpoena ad testificandum: This type requires a person to appear and give testimony as a witness
- Subpoena duces tecum: This orders a person or organization to produce evidence, such as financial records
- Subpoena for trial: Issued when a case is moving to court, this ensures that the necessary parties and proof are available for the proceedings
Subpoenas are typically issued by legal professionals such as attorneys, judges, and court clerks. Law enforcement officers usually deliver them in person (as do process servers in some cases), though some may be sent by certified mail.
What To Do if You’re Served With a Subpoena
Being served with a subpoena can feel intimidating, but understanding your rights and obligations can help you handle the situation properly.
Here’s what you should do:
- Read it carefully: Check what type of subpoena it is and what it’s asking you to do. Note the date, time, and location of any required appearance.
- Contact an attorney: If you are the subject of a criminal investigation or think the subpoena might involve you in one, speak with a criminal defense lawyer immediately. Your lawyer can advise you on how you should handle it.
- Do not destroy evidence: Tampering with evidence can result in separate criminal charges.
- Respond appropriately: Your attorney can help you gather any documents requested and ensure your response complies with Texas procedural law.
In some situations, your lawyer may be able to challenge the subpoena. For example, this might be an option if the order demands information that’s legally protected, such as privileged communications.
Subpoenas in Criminal Defense Cases
In Texas criminal cases, both the prosecution and defense use subpoenas to gather evidence and secure testimony. For instance, prosecutors might subpoena cell phone records to show a suspect’s location. On the other hand, defense attorneys might use subpoenas to obtain surveillance footage that supports their client’s innocence.
Subpoenas help ensure fairness by giving both sides access to the information they need. However, they can also raise constitutional issues, like the right against self-incrimination or the right to privacy. An experienced criminal defense attorney will review any subpoena you receive to make sure your rights are not being violated in the process.
What Happens if You Ignore a Subpoena?
Failing to comply with a valid subpoena can have serious legal consequences in Texas.
The court may hold you in contempt, which can lead to:
- Fines for noncompliance
- Arrest warrants
- Jail time until you agree to follow the order
In criminal cases, ignoring a subpoena can also weaken your defense and/or cause you to lose valuable evidence that could support your case. The safest approach is always to discuss your options with a defense lawyer as soon as possible.
Contact the McKinney Criminal Defense Attorneys at Texas Defense Firm for Help Today
Subpoenas play a key role in Texas criminal law, but they can also be confusing and stressful to deal with. Having legal guidance can make a major difference in how appropriately you respond and the impact that response has on your case going forward.
If you’ve been served or expect to receive a subpoena soon, Texas Defense Firm can help. Our McKinney criminal defense lawyers can help protect your interests and navigate the process with confidence. Contact us today for an initial consultation.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7