Los Angeles Criminal Subpoenas

Close up picture of Subpoena with penAn 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.

What Is a Criminal Subpoena?

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.

Types of Criminal Subpoenas: Testimony vs. Document Requests
  • 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.
Who Can Issue a Criminal Subpoena in Los Angeles Cases?
  • 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.

Serving Criminal Subpoenas: Rules and Deadlines in California
  • 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.
Witness Fees and Mileage Requirements for Subpoena Compliance

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.

Consequences for Failing to Comply With a Criminal Subpoena
  • 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.
How to Challenge a Criminal Subpoena in California Courts

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.

How Defense Lawyers Use Subpoenas Strategically in Criminal Cases
  • 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.

Subpoena Rules for Key Witnesses: Police, Doctors, Journalists & More
  • 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.
Federal Criminal Subpoenas vs. California Subpoenas: Key Differences

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.

Why Kraut Law Group Excels at Handling Criminal Subpoenas in Los Angeles
  • 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.
Frequently Asked Questions About Criminal Subpoenas in Los Angeles

Q: “Do I have to testify if I am subpoenaed but fear self-incrimination?”

You may assert the Fifth Amendment on a question-by-question basis, but you must still appear unless the court excuses you in advance. Speak with counsel before ignoring any subpoena.

Q: “Can I get reimbursed for lost wages?”

Yes. In addition to the $35 daily witness fee, a judge may order reasonable compensation for expert witnesses or significant lost income upon proper motion.

Q: “What if the subpoena seeks my medical or mental health records?”

You have standing to move to quash based on privacy rights under Article I, § 1 of the California Constitution. The court will balance your privacy against the defendant’s due-process rights.

Q: “Is an email subpoena valid?”

Not in criminal court, personal service is mandatory unless the witness signs a written waiver or the court authorizes alternative service for good cause.

Get Legal Help With Criminal Subpoenas in Los Angeles Today

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.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.