Los Angeles Criminal Subpoenas

An appropriately crafted subpoena can open doors that law enforcement investigations often leave closed. When the prosecution controls the flow of information, criminal subpoenas are often the defense’s most effective tool for leveling the playing field.

As a former Los Angeles County Deputy District Attorney who tried over 80 felony jury trials to verdict, Attorney Michael Kraut understands how to wield that tool with precision and ethical rigor, an advantage that proves invaluable throughout the Los Angeles criminal process.

A subpoena is a court order compelling a person to appear and testify (subpoena ad testificandum) or produce documents, digital records, or other tangible evidence (subpoena duces tecum). In California criminal cases, the authority for issuing and enforcing subpoenas is found primarily in Penal Code §§ 1326-1332.

• Subpoena ad testificandum. Secure live testimony at trial, a suppression hearing, or a pre-trial evidentiary hearing. Service must be personal hand-to-hand delivery unless the witness agrees to accept service electronically. Witnesses inside California may be compelled to travel only to the county of issuance and adjoining counties unless the court orders otherwise for good cause.
• Subpoena duces tecum. Command a custodian of records, such as a hospital, phone carrier, or cloud-storage provider, to deliver specified materials. Business records custodians may satisfy a subpoena by mailing certified copies and an affidavit, rather than appearing in person, under Evidence Code § 1560. The subpoena must describe the items sought with “reasonable particularity” so it is neither a fishing expedition nor unduly burdensome.

• Judge or magistrate: Penal Code § 1326(a): Court-ordered subpoena issued after an in-camera hearing to secure a witness.
• Prosecutor: Penal Code § 1326(b): Used during an investigation before charges are filed, or to ensure civilian witnesses appear for trial.
• Defense attorney (or a self-represented defendant with court approval): Penal Code § 1326(b): Employed to compel reluctant eyewitnesses or obtain exculpatory business records.

A defendant may not personally serve the criminal subpoena in their case; a peace officer or any other adult who is not a party must serve it.

• Personal service is required. Leaving a subpoena on a porch or sending it by regular mail is not a valid method of service.
• Ordinary witnesses must receive at least five calendar days’ notice before the appearance date (seven if served by mail). Prosecutors often give more notice to avoid challenges.
• Law-enforcement officers may be served at their place of business, but departments frequently designate a subpoena control officer to streamline compliance.
• Journalists enjoy special notice and privilege protections under California’s Shield Law (Evidence Code § 1070; CCP § 1986.1). Any party subpoenaing a reporter must provide a minimum of five days' notice to both the reporter and their employer.

Civilian witnesses are entitled to $35 per day, plus round-trip mileage (currently $ 0.20 per mile), unless waived. Failure to tender fees at the time of service renders the subpoena ineffective. The Los Angeles Superior Court fee schedule and form SUBP-001 spell out the details.

• A duly served witness who willfully fails to appear faces misdemeanor contempt (up to six months’ jail and/or a fine) and may be subject to a bench warrant.
• A custodian of records who ignores a subpoena duces tecum can be fined and held civilly liable for the costs incurred by the requesting party to enforce the order.
• Noncompliance by public employees, particularly police officers, can result in both internal discipline and court sanctions.

A witness or record custodian may file a written motion to quash or modify if the subpoena:

• It is overbroad or oppressive.
• Seeks privileged material (e.g., attorney-client, psychotherapist-patient, or spousal communications).
• Violates constitutional rights, such as press privileges or the Fifth Amendment.

The court balances the materiality of the evidence against privacy and burden. Our firm regularly litigates these issues, ensuring your subpoena survives scrutiny while respecting legitimate privileges.

• Securing surveillance footage before it is overwritten is crucial, as many retail and municipal cameras recycle their footage every 30 days.
• Obtaining dispatch recordings and body-worn camera data to test officer credibility.
• Forcing disclosure of Brady material in the hands of third parties (e.g., prior misconduct files of prosecution witnesses).
• Impeach prosecution experts by subpoenaing raw lab data or calibration logs.

A well-timed subpoena can restore the presumption of innocence when the investigative playing field is tilted against the accused.

• Out-of-State Witnesses
  California adopts the Uniform Act to Secure Attendance of Witnesses from Without the State. We coordinate with sister-state courts to compel appearance or arrange remote testimony where appropriate.
• Police Officers and First Responders
  Peace officers must accept service through their respective law enforcement agencies. Our team has the relationships to navigate LASD and LAPD subpoena control units without delay.
• Doctors and Hospitals
  HIPAA permits disclosure under court order; our subpoenas attach the requisite HIPAA language and protective orders to safeguard patient privacy while securing critical records.
• Journalists
  When the press possesses exculpatory footage, we craft subpoenas that satisfy the heightened notice and specificity requirements of the Shield Law, minimizing the risk of a quash.

If your case is in the United States District Court, Federal Rule of Criminal Procedure 17 governs the issuance of subpoenas. Although similar to California law, federal practice imposes additional requirements, such as early-return Rule 17(c) subpoenas for document production. Kraut Law Group Criminal & DUI Lawyers is admitted in the Central District of California and regularly handles parallel state-federal matters.

• Former Prosecutor's Insight. Understanding how district attorneys think enables us to anticipate and counter their subpoena tactics.
• Precision Drafting. We draft subpoenas that withstand scrutiny, with narrow scopes and supporting declarations that establish materiality.
• Rapid Enforcement. Our attorneys move to compel or for contempt within days, not weeks, when a witness refuses to cooperate.
• Ethical Compliance. Every subpoena is vetted for privilege, privacy, and proportionality, protecting your case from sanctions that can arise when less-experienced counsel overreach.

The window to use subpoena power effectively is often measured in days, not weeks. Surveillance footage is erased, phone records are purged, and witnesses disappear. If you are charged or under investigation, call Kraut Law Group Criminal & DUI Lawyers 24/7 at (888) 334-6344 or (323) 464-6453 or use our secure online contact form for a confidential consultation.