Subpoenas

[HATEBREEDER]

i have gotten out of being a witness.

 

telling anyone that would listen i dont remember.

im colorblind, it was dark.

 

Being very aloof to cops "i dont think the prosecution wants

ME on the stand. i dont think that would be good for you at all"

-not specify why

 

-not answering your phone.

-not calling ANYONE back.

-lsay your scared in the first place (lie)

good luck.

 

DONT SNITCH. or you deserve what you get.

[E-DubleSkilZ]

Hey shai hulud - hopefully youll check this -

 

I didnt go, so what are the odds I now have a warrant? If I do will they notify me? As far as the case goes I really didnt need to be there, so im hoping they just let it pass that I wasent there. The reason I couldnt go - lets just say id rather have some trouble w/ the law then w/ the defendent.

[shai]

Originally posted by TonySuprano@Oct 20 2005, 10:58 AM

Hey shai hulud - hopefully youll check this -

 

I didnt go, so what are the odds I now have a warrant? If I do will they notify me? As far as the case goes I really didnt need to be there, so im hoping they just let it pass that I wasent there. The reason I couldnt go - lets just say id rather have some trouble w/ the law then w/ the defendent.

Quoted post

 

Lucky you, I'm sick today! (Ughhhhh.)

 

I'll check CA's code, but don't assume anything since all states have slightly different rules of court.

 

Besides, what's this fucking subpoena you keep going on about?? You were supposed to be served? First you've heard of it. Don't act TOO surprised- add a little resignation and/or bemusement and you're gold. Just act like you have no reason to tell anything besides the truth.. You should be willing to go in front of the Supreme Court and wrestle alligators to back your shit up. Don't talk about the defendant or mention his name UNTIL YOU SEE THE PAPERS- I caught someone this way, once.

 

This may never even come back to haunt you, but I would assume you have or will have a bench warrant, by the way.

 

I'm trying to find that code, so I can post it....

 

...Okay, here it is...not too good.

 

1992. A witness disobeying a subpoena also forfeits to the party

aggrieved the sum of five hundred dollars ($500), and all damages

which he may sustain by the failure of the witness to attend, which

forfeiture and damages may be recovered in a civil action.

 

1993. In case of failure of a witness to attend, the Court or

officer issuing the subpoena, upon proof of the service thereof, and

of the failure of the witness, may issue a warrant to the Sheriff of

the county to arrest the witness and bring him before the Court or

officer where his attendance was required.

 

If you want to claim that you were improperly served, go to the courthouse and ask to see the file. It's public record, anyone can do this. If the file isn't too big, look for subpoenas that are endorsed filed. One will have your name on it. Look at the proof of service, and usually there will be diligence regarding the serve, stating the time and date of service, number of attempts, and a physical description of you. Get a CERTIFIED copy of this for your hearing, in case the court won't accept plain copy- shouldn't be more than ten bucks. Once you're in court, be calm, and explain that you have a copy of the proof of service, and that since you never were handed the documents, you weren't aware the court subpoenaed you. If the server keeps insisting he served you, ask him what you were wearing that day- they have to notice that shit. He sounds like a few lazy cocksuckers I've had to work with in the past. For all he knows, you were at work with about twenty witnesses to vouch for you, or in fucking Haiti. YOU WERE NOT PERSONALLY SERVED, THOUGH. Period. Stay calm and appear that you just want to straighten this out.

 

This isn't a get out of jail free card, but it's one possible way to beat this if you are sure that you are 1000% in the right and have nothing to lose.

 

Do your damnedest to trip the server up, it probably won't be that hard...but, stay calm. Put the heat on him and make him try to explain it under pressure. That won't make his story look too good.

 

Good luck with this...I fucking HATE those guys, BTW. Scumbags.

[SF1]

Don't forget to shred the subpoena and flush it down your toilet to get rid of evidence that you got it.

[shai]

Yeah, but he never got one in the first place...remember?

[HATEBREEDER]

update?

[Fox Mulder]

Originally posted by Tough Love+Oct 18 2005, 03:41 PM--><div class='quotetop'>QUOTE (Tough Love - Oct 18 2005, 03:41 PM)</div><div class='quotemain'><!--QuoteBegin-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.

Quoted post

[/b]

 

 

i thought the 5th ammendment was only in the case of self incrimination. if you do have to testify..."i don't recall"

[dicegameTron]

i'd say fuck it if you already didnt go. i was suposed to goto court as a witness twice and didn't show up. i got pulled over about a week ago and didn't have any warrants.

[mr.yuck]

Just go and when they ask you questions all you have to do is say "I dont remember." Keep saying that over and ever.