A summons or a subpoena is some sort of legal document that requires one’s presence within the court. When anybody gets summoned, one should not take it lightly but rather respond to it in the right manner. Failure to do so may result in serious consequences involving fines or, worse than that, an arrest warrant. This article shall describe the steps involved in understanding and dealing with a summons or subpoena under Canadian law.
Knowing the Difference between a Summons and Subpoena
Typically, a criminal summons would be an indication to you that you have been accused of some kind of crime, stating that you will be appearing before the court of law at this date and that time. Your charge could be reflected. The subpoena in turn would order you into court as some witness to the criminal process. While both require your presence in court, the purposes are different, and your obligations will vary accordingly. Knowing which document you’ve received is crucial to determining the next steps.
Read the Document Carefully
The first thing you should do when you get a summons or subpoena is read it carefully. The paper will reflect a court date, time, and place, and why you must go to court. Pay particular attention to any directions or deadlines in the summons or subpoena which may require that certain documents, evidence, or information be provided in advance by you. You will especially want to understand what it is you are being requested to do since misunderstanding can greatly affect your future.
Seek Attorney Advice Immediately
After the reading of the summons or the subpoena, one would find it prudent to seek attorney service. A criminal lawyer will be in a better position to explain what your rights and responsibilities are, especially if the document pertains to charges against you, or if you feel ill-prepared to testify. Even when you’re only a witness, any legal professional will be of help in understanding how to behave and answer questions while testifying. A clear vision about the legal standing can prevent you from taking actions which are going to be harmful to increase your case’s gravity.
How to Get Ready for Court
If you have been served as a defendant, you will want to prepare to make an appearance, sometimes called a “first appearance.” At this first hearing the court will advise you of the charges against you and schedule dates for your case. If you have been subpoenaed as a witness, you will want to review whatever information might be the subject of your testimony. Whatever the reason, if you are called to defend yourself or provide evidence in another person’s case, preparation is key.
Penalties for Ignoring a Summons or Subpoena
A summons or subpoena cannot be ignored. Contempt of court and serious legal action will result from failure to appear. In the case of a criminal summons, failure to appear will most likely result in a bench warrant for your arrest. Ignoring a subpoena can also be punished either by a fine or time in jail, depending on the situation. Not only is it a legal duty but also compliance is the best way of saving yourself from further complications.
Knowing Your Rights as a Witness
Being called to testify as a witness, you must be aware of your rights. You have the right not to answer any question that can tend to incriminate you courtesy of Section 13 of the Canadian Charter of Rights and Freedoms. If you have special needs, such as needing an interpreter or having a disability that requires accommodation, the court may accommodate them. Understanding these rights will ensure your participation in a manner that is fair and legal.
Addressing Special Needs
Sometimes, a subpoena or summons will ask that you do more than simply appear, such as producing documents or evidence. Do what is asked of you; however, by the date specified, do so. If the request seemingly appears too broad or unduly burdensome, you may have the right to oppose the request in court. In such cases, consult your legal counsel on whether such a request is reasonable and how to respond.
Follow-up after Your Court Appearance
Once discharged, follow whatever other instructions given by the court. By this, I mean: if the judge requires you to submit more documents or attend to more hearings, do so without demur. Such may lead to worse legal scenarios. It always helps to record dates of attendance in court or letters of correspondence in order to be able to double-check on these if such a need should arise some time later.
A summons or subpoena can be quite stressful, but a fine understanding of the process and subsequent steps will go a long way in helping your situation quite amicably. Be it charges or being called for a witness, preparation, compliance, and legal guidance are your strongest assets in navigating the Canadian criminal justice system.
