What is a subpoena as a person under investigation?

A subpoena is an official notification that a person receives, informing them that they are being investigated for an alleged crime and summoned to appear before a judge or prosecutor to make a statement. This situation can cause some confusion and stress for the person summoned, so it is important to understand what exactly is involved in receiving a summons as a person under investigation and a criminal lawyer can advise you.

Firstly, it is important to understand that a subpoena does not mean that the person has been convicted of any crime. In reality, the person is being investigated for an alleged crime, which means that a final decision on guilt or innocence has not yet been made. The summons is simply a way of initiating the investigation and gathering evidence to determine whether there is sufficient evidence to press charges.

Once the summons is received, the summoned person must appear before the judge or prosecutor on the date and time indicated. If the person fails to appear, he or she may face legal consequences, such as the issuance of an arrest warrant. In addition, if the summoned person has a lawyer, he or she must inform the lawyer of the summons and attend the arraignment together with him or her.

During the arraignment, the person summoned as a person under investigation testifies before the judge or prosecutor and answers questions about the alleged offence under investigation. It is important that the person answers clearly and honestly, as any falsehood can be used against him or her. It is also important that the person behaves in a respectful and cooperative manner, as their attitude during the hearing may influence the final decision of the judge or prosecutor.

If, after the hearing, the judge or prosecutor considers that there is sufficient evidence to press charges, he or she may issue a warrant for the arrest of the person under investigation. In that case, the person would be arrested and brought before an investigating judge, who will decide whether he or she should be released or held in provisional detention while the judicial process takes place.

It is important to bear in mind that, throughout the process, the person under investigation has the right to have a lawyer to advise him/her and defend his/her rights. The lawyer can accompany the person during the appearance and at all stages of the judicial process, and can provide legal advice on how to proceed in each case.

When does a person acquire the status of a person under investigation?

The status of a person under investigation is acquired when a person is subject to a criminal investigation for the commission of a criminal offence. This means that, in the framework of a criminal investigation, a person may go from being a mere witness to being considered as a person under investigation if the competent authority has indications or suspicions that the person has participated in the crime under investigation.

The acquisition of investigative status occurs when a formal investigation is opened by the competent authority, which may be a judge, prosecutor, police or other criminal investigation authority. At that moment, the person under investigation is notified of his or her status and is informed of the facts with which he or she is charged and the evidence that has been gathered against him or her. They are also informed of their rights and the possibility of having a lawyer for their defence.

It is important to note that, in the investigation phase, the person under investigation is obliged to cooperate with the authorities to the extent required by law, such as giving a statement or providing information relevant to the investigation. However, the person under investigation has the right against self-incrimination, which means that he/she is not obliged to testify against him/herself and may remain silent if he/she wishes to do so.

What if I don't want to testify at a subpoena?

In general, if a person receives a subpoena and refuses to appear or testify before the judge or court, he or she could be held in contempt of court and face civil or criminal penalties.

Contempt is the willful failure to comply with a court order or subpoena, and may be punishable by fines, imprisonment or other coercive measures. In some cases, the judge may issue a warrant for the arrest of a person who fails to appear or testify at a subpoena.

It is important to note that there are certain exceptions and legal protections that may allow a person not to testify at a subpoena, such as the right against self-incrimination and the attorney-client privilege. In these cases, the person must present a valid objection and justify why he or she cannot or should not testify before the judge or court.

What happens after making a statement under investigation?

After testifying as a defendant in a criminal investigation, the next step will depend on several factors, such as the nature of the crime being investigated, the evidence available, the seriousness of the allegations, and the specific circumstances of the case.

In some cases, after a defendant has testified, the prosecutor or judge may determine that there is insufficient evidence to proceed with the case and close the investigation. In other cases, the prosecutor or judge may continue to investigate and take further action, such as ordering additional evidence, questioning witnesses or issuing an arrest warrant if deemed necessary.

If a formal charge is filed after the investigation, the person under investigation becomes the accused and is given the opportunity to defend himself or herself at trial. In some cases, the accused may enter into a plea bargain with the prosecutor and accept a plea bargain in exchange for a reduced sentence.