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E-DubleSkilZ

Subpoenas

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Ok Recently i got a subpoena. It was left in my doorway. From what I have read if you are not properly served - you dont have to go. Properly means the server has to give the subpoena to an Adult in your household. If not, they have no proof you actually received the subpoena. Next this isnt my case, im a witness, and i dont want to go.

 

Anyone have any experiences or info to share? I really hope I dont get a warrant or anything like that.

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i think that they in fact do need to personally give it to you.

 

wait it out and see what happens.

 

 

*FIRST!

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yeh, for all you know, someone mightve taken it and you never got it. sounds pretty lame. but hey, ur just a witness, how bad could that be. Id go, court is interesting

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throw it in a gutter somewhere, if it was left on your doorstep it never reached your possession.

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I believe that you are legally obliged to appear if you've been given a subpoena...

 

It's not like the lawyer called you and asked if you could speak..

 

You can be arrested and held in contempt if you don't reply..

 

If you have nothing to say, just plead the 5th..

 

What I would do is call the defence lawyer and see what they've to say before anything else...

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Originally posted by H. Lecter@Oct 18 2005, 03:34 PM

I believe that you are legally obliged to appear if you've been given a subpoena...

 

It's not like the lawyer called you and asked if you could speak..

 

You can be arrested and held in contempt if you don't reply..

 

If you have nothing to say, just plead the 5th..

 

What I would do is call the defence lawyer and see what they've to say before anything else...

this is waht i was thinking as well, altho i wasnt 100% certain that it could happen. but yeah, u gotta go to court if ur summoned to do so.

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LOL! They're subpoenaing "Tony Suprano"! :haha:

They want you to snitch on the mob! Don't do it! :haha:

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I had a cop show up at my door at 8pm the night before i was to appear in court. I had no I dea I was being charged with a crime until then.. WHY WAS I AT HOME COOKING PASTA??? :mad2:

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Also if you go, you can't "plead the 5th", they'll lock you up for contempt of court indefinately until you fold.

Then if you fold you're a snitch!

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Originally posted by EarMuffs@Oct 18 2005, 03:46 PM

I had a cop show up at my door at 8pm the night before i was to appear in court. I had no I dea I was being charged with a crime until then.. WHY WAS I AT HOME COOKING PASTA??? :mad2:

im pretty sure something like that would be an infringment on your Charter Rights....how the hell do they charge you, get a case against you, are ready to proceed, and you have no idea that all this is going on, and ytou have to legally defend yourself?

 

 

oh wait your in the states eh

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Originally posted by SF1@Oct 18 2005, 03:46 PM

Also if you go, you can't "plead the 5th", they'll lock you up for contempt of court indefinately until you fold.

Then if you fold you're a snitch!

Yeah, this shit is FUCKED..You literally cannot win. I'd wouldn't go, but make sure you've got all incriminating shit outta your crib and such, cause if they get a warrant, tehy'll have a field day with it.

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A subpoena is simply an order to appear for deposition or testimony. You aren't in trouble unless you fail to appear at the deposition or hearing...but, PERSONAL SERVICE OF THE INDIVIDUAL OR AUTHORIZED AGENT IS MANDATORY. Leaving the subpoena on your porch doesn't cut it, in the state of California, and that's usually the rule across the board for all states. It needs to be physically handed to you or an authorized agent for service, which is usually arranged ahead of time. You also need 10 days in which to prepare testimony or any documents or things pertainig to deposition.

 

Basically, they fucked up, but you are obliged to appear. Now, I know you don't want to be a rat, but if you have any kind of dirt on you and they throw you in the can for contempt of court, all the dirt comes out and can add to your headaches considerably.

 

It's in your best interest to call the attorney (usually located in the upper left hand corner of 99% of legal forms) and tell him you weren't properly served, and that you would like to know what you need to have ready when you appear.

 

I do investigation (corporate law) for a living, and I served people for years before that. If I REALLY wanted or needed to find someone to serve them, it wasn't that hard at all, trust me. I don't really want to advise you to duck this, since you aren't in any trouble unless you blow it off. If you do, that's entirely your choice....you can also get paid for travel expenses to and from court, if requested, so that's something else to consider.

 

Hope this helps.

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just go dude.

 

 

 

not going usually carries a lot more bullshit (fees, fines, penalities, etc....) than if you didn't go. If all you are is a witness, just shrug your shoulders and say "uhm, i can;t remember."

 

Take a nip or two of whiskey before you go and it'll be all over before you can say "Order in the court!"

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Originally posted by Tough Love+Oct 18 2005, 01:51 PM--><div class='quotetop'>QUOTE (Tough Love - Oct 18 2005, 01:51 PM)</div><div class='quotemain'><!--QuoteBegin-EarMuffs@Oct 18 2005, 03:46 PM

I had a cop show up at my door at 8pm the night before i was to appear in court. I had no I dea I was being charged with a crime until then.. WHY WAS I AT HOME COOKING PASTA??? :mad2:

im pretty sure something like that would be an infringment on your Charter Rights....how the hell do they charge you, get a case against you, are ready to proceed, and you have no idea that all this is going on, and ytou have to legally defend yourself?

 

 

oh wait your in the states eh

[/b]

yup they fucked me over... I ended up getting more of a sentence than a girl i knew who was drunk stole her sisters car, had no DL crashed it and killed a passenger..... and if you that that was bad my homie got more than that for tresspassing on school property. this was in a small town in canada..

 

 

I had more troubles later when i needed to move and wanted to get off probation early.. the person who had to approve the case to go in front of a judge was a guy I had issues with from skateboarding and he wasnt gonna let it go thru but my PO said he would appeal it..

 

lesson learned...

 

 

watch the bridges you burn

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Something tells me the douche that was suppose to serve you is gonna lie and say he handed it to you considering he could get fired for just leaving it on your doorstep. And it's your word against his.

 

And as far as what Lens said about all the bullshit you're gonna have to go through if you duck it, if you go you should lie. Yeah if you get caught lieing you can get locked up for that but at least when you get out you'll still have your cred and trustworthyness intact and won't have to move away and go into hidding. In fact people will trust you more. Nobody ever lives down the rep of a rat.

 

I don't know what they want you to rat about but worse case you'd have to worry about you and your fams life. And even if it's some minor bullshit you're gonna have to worry about ruining your rep. Nobody overcomes the rep of a snitch and I'm assuming you write graffiti so you don't need to be told what snitching can do to your rep let alone health.

 

 

 

And yeah, clean your house.

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