I've been Subpoened!

Iplayboard · #1 04-27-2006, 05:30 PM

This is in regards to a case of armed robbery in which I was the victim.

My question is why does the state have to send me a letter saying they will arrest me if I don't show up? Is this just a formality? Seeing as how I am the victim isn't there a more diplomatic way to do this?

Also, is there any instance in which the victim can legally refuse to testify? I don't have a problem personally with testifying (other than the fact that I'll have to stick around for about an extra week after my finals) but I can definitely see some instances in which the victim might not want to. It just seems absurd to me that someone could potenially be arrested for refusing to talk about a case in which THEY were they victim of a crime.

Thanks for the input.

Dominic · #2 04-27-2006, 05:36 PM

you can drop the charges. then they have no case to supoena on.

and what asshat chose the proper spelling for "supoena?" I want a word with him, the bastard.

Freerollin` · #3 04-27-2006, 05:37 PM

[ QUOTE ]
This is in regards to a case of armed robbery in which I was the victim.

My question is why does the state have to send me a letter saying they will arrest me if I don't show up? Is this just a formality? Seeing as how I am the victim isn't there a more diplomatic way to do this?

[/ QUOTE ]

Too many people just don't show up in court for the state to approach it any other way, and they need to get these people off the street and in jail.

[ QUOTE ]
Also, is there any instance in which the victim can legally refuse to testify? I don't have a problem personally with testifying (other than the fact that I'll have to stick around for about an extra week after my finals) but I can definitely see some instances in which the victim might not want to. It just seems absurd to me that someone could potenially be arrested for refusing to talk about a case in which THEY were they victim of a crime.

[/ QUOTE ]

The exceptions are few and far between, but the answer generally is no.

[ QUOTE ]
Thanks for the input.

[/ QUOTE ]

Were you by chance one of the college students in Philadelphia that this happened to? There were a rash of them around here.

whipsaw · #4 04-27-2006, 05:37 PM

The wording is definitely a formality, the same thing gets sent to every witness that will testify, victim or not. There's no special "victim subpoena" or anything. Don't sweat it.

Shooternewt · #5 04-27-2006, 05:38 PM

You're a government employee. Your star witness doesn't show. Your boss says WTF. The subpoena is a CYA. Should you have been talked to first, yes, but oh well. Can you refuse; sure you CAN do anything, but read the subpoena for consequences.

TomCollins · #6 04-27-2006, 05:39 PM

Did you make a post about how they caught them? If not, you should.

Freerollin` · #7 04-27-2006, 05:40 PM

[ QUOTE ]
you can drop the charges. then they have no case to supoena on.

[/ QUOTE ]

Totally untrue. After charges have been filed, it is not up to the victim whether or not to drop them. That decision is up to the prosecuting authority. A refusal to cooperate can end up in either the dropping of the charges or the victim being placed in contempt of court for failing to respond and appear.

mmbt0ne · #8 04-27-2006, 05:41 PM

Unless he forcably raped you after the robbery, you're pretty much going to have to show up if you want to see him convicted. Even if he did, you'll likely have to testify on video or something.

moorobot · #9 04-27-2006, 05:43 PM

[ QUOTE ]
My question is why does the state have to send me a letter saying they will arrest me if I don't show up? Is this just a formality? Seeing as how I am the victim isn't there a more diplomatic way to do this?

[/ QUOTE ] They are probably putting this in the letter to ensure that everybody knows in advance what the law is and what the consequences are. A lot of people probably don't know that they will be arrested if they don't show up for this.

If a victim doesn't show up after filing charges, that person is wasting the time and money of plenty of people (the jury, the judge, lawyers etc.) who were expecting to rule on and pay attention to this case at a particular time and getting prepared for it, btw. If they don't want to testify they can not file charges. The person on trial generally won't be convicted if the victim doesn't show up anyway.

Dominic · #10 04-27-2006, 05:47 PM

[ QUOTE ]
[ QUOTE ]
you can drop the charges. then they have no case to supoena on.

[/ QUOTE ]

Totally untrue. After charges have been filed, it is not up to the victim whether or not to drop them. That decision is up to the prosecuting authority. A refusal to cooperate can end up in either the dropping of the charges or the victim being placed in contempt of court for failing to respond and appear.

[/ QUOTE ]

well nyaa nyaa nyaa.