E-DubleSkilZ Posted October 18, 2005 Share Posted October 18, 2005 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. Quote Link to comment Share on other sites More sharing options...
Gat Bush Posted October 18, 2005 Share Posted October 18, 2005 i think that they in fact do need to personally give it to you. wait it out and see what happens. *FIRST! Quote Link to comment Share on other sites More sharing options...
Dirty_habiT Posted October 18, 2005 Share Posted October 18, 2005 yeah I wouldn't be too worried, if they just left it on the doorstep it could've blown away in the wind for all you know. Quote Link to comment Share on other sites More sharing options...
Tough Love Posted October 18, 2005 Share Posted October 18, 2005 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 Quote Link to comment Share on other sites More sharing options...
GnomeToys Posted October 18, 2005 Share Posted October 18, 2005 Go and make up some bullshit story to get everybody involved in the case put in prison. That'll teach the fuckers to subpoena you. Quote Link to comment Share on other sites More sharing options...
GLIK$ Posted October 18, 2005 Share Posted October 18, 2005 throw it in a gutter somewhere, if it was left on your doorstep it never reached your possession. Quote Link to comment Share on other sites More sharing options...
H. Lecter Posted October 18, 2005 Share Posted October 18, 2005 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... Quote Link to comment Share on other sites More sharing options...
Tyler Durden Posted October 18, 2005 Share Posted October 18, 2005 Run. Quote Link to comment Share on other sites More sharing options...
SF1 Posted October 18, 2005 Share Posted October 18, 2005 Don't be a snitch!!! Quote Link to comment Share on other sites More sharing options...
Tough Love Posted October 18, 2005 Share Posted October 18, 2005 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... Quoted post 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. Quote Link to comment Share on other sites More sharing options...
SF1 Posted October 18, 2005 Share Posted October 18, 2005 LOL! They're subpoenaing "Tony Suprano"! :haha: They want you to snitch on the mob! Don't do it! :haha: Quote Link to comment Share on other sites More sharing options...
earmuffs Posted October 18, 2005 Share Posted October 18, 2005 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: Quote Link to comment Share on other sites More sharing options...
SF1 Posted October 18, 2005 Share Posted October 18, 2005 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! Quote Link to comment Share on other sites More sharing options...
Tough Love Posted October 18, 2005 Share Posted October 18, 2005 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: Quoted post 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 Quote Link to comment Share on other sites More sharing options...
H. Lecter Posted October 18, 2005 Share Posted October 18, 2005 Don't believe the hype~ US citizens still have some of the most covetable rights in the world.. Quote Link to comment Share on other sites More sharing options...
La Cosa Nostra Posted October 18, 2005 Share Posted October 18, 2005 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! Quoted post 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. Quote Link to comment Share on other sites More sharing options...
La Cosa Nostra Posted October 18, 2005 Share Posted October 18, 2005 Oh yeah, no snitching, Tony. La Cosa Nostra doesn't appreciate that type of thing. Quote Link to comment Share on other sites More sharing options...
E-DubleSkilZ Posted October 18, 2005 Author Share Posted October 18, 2005 Yeah i aint snitching, I aint going - we'll see what happens?? Quote Link to comment Share on other sites More sharing options...
Dick Quickwood Posted October 18, 2005 Share Posted October 18, 2005 if you do go, just lie Quote Link to comment Share on other sites More sharing options...
shai Posted October 18, 2005 Share Posted October 18, 2005 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. Quote Link to comment Share on other sites More sharing options...
Gunm Posted October 19, 2005 Share Posted October 19, 2005 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!" Quote Link to comment Share on other sites More sharing options...
earmuffs Posted October 19, 2005 Share Posted October 19, 2005 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: Quoted post 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 Quoted post [/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 Quote Link to comment Share on other sites More sharing options...
Neskoner Posted October 19, 2005 Share Posted October 19, 2005 thats crazy earmuffs..stuff sucks. Quote Link to comment Share on other sites More sharing options...
earmuffs Posted October 19, 2005 Share Posted October 19, 2005 yeah its small towns. Quote Link to comment Share on other sites More sharing options...
SF1 Posted October 19, 2005 Share Posted October 19, 2005 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. Quote Link to comment Share on other sites More sharing options...
MEROJUANA Posted October 19, 2005 Share Posted October 19, 2005 Originally posted by Tough Love@Oct 18 2005, 01:22 PM court is interesting Quoted post ONLY ON TV NIGGA. MERO MLBC. BAIL HOPPIN Quote Link to comment Share on other sites More sharing options...
MEROJUANA Posted October 19, 2005 Share Posted October 19, 2005 HERES A MIXTAPE TO BUMP ON YOUR WAY TO COURT. MERO DOGS MLB TEAMSTA Quote Link to comment Share on other sites More sharing options...
La Cosa Nostra Posted October 19, 2005 Share Posted October 19, 2005 Originally posted by MEROJUANA+Oct 18 2005, 09:04 PM--><div class='quotetop'>QUOTE (MEROJUANA - Oct 18 2005, 09:04 PM)</div><div class='quotemain'><!--QuoteBegin-Tough Love@Oct 18 2005, 01:22 PM court is interesting Quoted post ONLY ON TV NIGGA. MERO MLBC. BAIL HOPPIN Quoted post [/b] word is bond. Shit is not cool. Quote Link to comment Share on other sites More sharing options...
imported_dowmagik Posted October 19, 2005 Share Posted October 19, 2005 sometimes the best thing you can say is "i dont remember." remember that. Quote Link to comment Share on other sites More sharing options...
shai Posted October 19, 2005 Share Posted October 19, 2005 Originally posted by dowmagik@Oct 18 2005, 08:24 PM sometimes the best thing you can say is "i dont remember." remember that. Quoted post :haha: It worked for Reagan...Just don't forget to forget to remember what you were asked to remember. You're clear on that, right? I'm assuming you have some connection to the defendant, and therefore are reluctant to come forward. I didn't consider that, but... Well, no one's mentioned the obvious solution- go out of town till the trial's over, and keep ticket stubs as proof of travel and credit slips/receipts from wherever it is you end up. You had NO IDEA about any of this mess. No matter what you do, stick to that. This has worked before, but it's simply a passing thought. Quote Link to comment Share on other sites More sharing options...
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