What happens if you don't show up in court

[Jeff Clark]

My wife was subpoenaed to call in a statement for a traffic acident we witnessed 2 years ago. Everytime she called, they had moved the date. She got the call at 4:00 today and she is supposed to appear tomorrow at noon. She can't drop he work on such a short notice and the court doesn't care. What happens if she doesn't show up? She's not involved other than being a witness. The subpoena was to call, not to show up. Should she not go?

 

[HoleshotHolset]

I know that here in MA - she would have a warrant out for her arrest in no time.



In TX - she'll probably have to turn big rocks into little rocks... . or something like that. :-laf



Matt

 

[Jeff Clark]

I found out some more information. The subpoena was only for the phoned in statement. She was not served with papers to appear. I told her to not go.

 

[daveshoe]

court was deadbeat

I showed up for a required statement because a suspected arsonist who farmed a plot for me was suing the insurance company after they could not convict him on the arson. The questions I was asked made me so that I went nose to nose with the attorney asking them. He wisely rephrased them, but by then I was offering such vauge answers that my testimony was ussless to either side. I asked for a complete transcript AND reimbursement for miles travelled to the deposition .

The bums did not pay my gas money. -- even though as an ''officer of the court'' this attorney assured me they would.

Before I ever appear on another subpoena, they will pay me for this one. If they do not , then I will not go willingly to another one.

What does Merryman think of this?

 

[Jeff Clark]

She would go if they had given her enogh notice. She would be testifying against a drunk who ran a redlight at hit another car. The problem is that they called her on such short notice and she can't rearrange her schedule. There was no official subpoena to show up.

 

[illflem]

I was subpoenaed once as witness to a traffic accident, showed up at the right place and time but no one at the court knew anything about it. I said to heck with it and went to Mexico for four months. Three years later I got pulled over for an illegal u-turn, they hauled me to jail on a warrant for failure to appear, $5000 bail. When I went to court and explained what had happened, charges were dropped. Never even got the ticket for the u-turn, cops were so excited they had caught a "big fish" that they forgot all about it.

 

[merryman]

This sort of thing is largly governed by state statute. In Oregon a valid subpoena requires that the statutory mileage fee be tendered with the subpoena. This may be very different from other states.



Proceedure here can be;

1)Citation to appear to show cause why you should not be held in contempt for failure to appear. This would be proceedure if no one is in a real be sweat and not essential that you be there right then, i. e. as in a non crucial witness.



2)Issue a warrant and put it out in normal manner to be served at Sheriffs convenience. He would arrest and bring the person in as related by illflem.





Or in a situation where the witness is crucial and is really needed now, example, trial is going on and unless the witness is present it will be necessary to send jurors, other witnesses etc home and re schedule, then we might use option three;



3)Call the sheriff over (or a deputy) hand him an arrest warrant and say go get this person now! Might send several deputies out searching for the person--their home, their job , etc.

When that option is necessary, its going to take a real good excuse to avoid some jail time.



Vaughn

 

[ToolManTimTaylor]

Originally posted by Jeff Clark

What happens if you don't show up in court?

Easy You wind up IN court. Contempt ,or obstruction of proceedings or somethin' like that.

 

[dseabaugh]

Around here the Judge will swear out a bench warrant and the sherrif deputies will fit you chrome bracelets and you will have to post bond/appear pay costs of a new trial fine, jail time. If it is not too big a deal you may get a written citation but the Judges and lawyers get real pissy and it is not cheap. I was supeonaed as a witness last year against my will ( was to testify as to a competitors sloppy work) and a sherriffs deputy knocked on the door to make sure I would appear.

 

[Kickin Y2K]

I got a letter that I was to appear in court in colorado as a witness for the state of colorado, some dumb broad ran into my Blazer so they were going after her on wreckless driving. So anyway I had moved back here to California from colorado right after the accident (six years there and three totalled vehicles, you can say all you want about CA drivers but co is the worst!). Anyway I get the letter the day before I am supposed to be there. I call them up and tell them, there is no way I can be there in that short of notice and am not the least bit interested in helping the state of colorado with anything. So basically they told me a bench warrant would be issued in Colorado. Whatever I never plan to go back there again.

 

[Sticks]

Originally posted by Kickin Y2K

So anyway I had moved back here to California from colorado right after the accident (six years there and three totalled vehicles, you can say all you want about CA drivers but co is the worst!).

You probably got hit by a transplanted Californian, or Texan.

 

[machterhof]

Kickin Y2K



Just hope you never need a security clearance. That bench warrant will follow you around until it is cleared.

 

[dpuckett]

WHat happens if you dont show up in court

In most states, just what has been mentioned above. In Stodard County MO- anything. I got run off the road by an OLD man; he came back half hour later, and I recognized his truck, and flagged him down. ASked if he had been thru there earlier, said yes. ASked if he'd seen the truck over yonder go in the ditch, and he got defensive, wouldnt give me any insurance info (must have been thru AllState- they'll pay any claim. ) Anyway, he tries to get out of his pickup and falls on his butt. Calls his good prosecutor buddy, and I spend a month in jail for FELONY 1 degree assault; $50K cash only bond. Ba$tard doesnt show up for my preliminary hearing, and it gets delayed. This happened last Nov. Still has yet to be resolved. Supposed to have gone to trial last month, but proseutor had to leave town, so it got postponed again. So far, my business has gone under, have spent $12K in legal fees, and my fiancee and I broke up as a result of events after the jail time. SO basically, because of some inbred redneck, backwoods Gestapo court system, my life has been tuned upside down. Cant wait till this is done. Never coming back after that. It is sad when one being (not going to call him a man because he cant take care of his own problems) can wreck another's life for basically nothing. One last thing- the man was drunk at the time.

 

[Elite1]

Originally posted by illflem

I was subpoenaed once as witness to a traffic accident, showed up at the right place and time but no one at the court knew anything about it. I said to heck with it and went to Mexico for four months. Three years later I got pulled over for an illegal u-turn, they hauled me to jail on a warrant for failure to appear, $5000 bail. When I went to court and explained what had happened, charges were dropped. Never even got the ticket for the u-turn, cops were so excited they had caught a "big fish" that they forgot all about it.

My question is, what part of Mexico and how were the Senoritas?...

 

[dseabaugh]

dpuckett, I always wondered about the bootheel whether they had all their oars in the water down there our just a "good ole boys" network. The hills out west of here are worse yet. I know a person that spent tens of thousands of dollars trying to get his kids away from his ex and even though HER uncle testified he thought it was ok for her to be banging his 15 year old son (her cousin) etc. the judge would decide for her. One time said that there was no law that said they needed to live in a house with running water. Kids still live with mom even though she is fired for punching out her boss. He got the kids a couple months back since it was finally decided they are old enough to testify in their own behalf (16 yrs old) . Things are a little more ciivilized in Cape County but still a stacked deck. We fought a hospital bill for 5 years and won and then the judge said the jury was wrong a month later and ordered us to pay it anyway. Had one Judge that was on the board of the hospital!

 

[dpuckett]

I'm stuck here till after harvest

I told the guy I'd stay on till then. But after that, it looks like I'll be heading out west again. No they dont have all their oars in the water down here; Good ol Boys and the KKK still going strong. I think it's all the water in the air they inhale affecting what small brains they have to begin with.



dseabaugh, where do you live? Profile says Jackson. I'm staying at my mom's outside Fisk. If you're ever down this way, holler.

Daniel

 

[dseabaugh]

dpuckett, Jackson is reght beside (west ) of Cape Girardeau. You are not the only one who wants to get away. If I can ever make enough money to get this house finished I want to sell out and move FL. This is a low income area reguardless of what they claim and we are the only ones in the family still here . All the kids have moved away .

 

[dseabaugh]

dpuckett, Jackson is reght beside (west ) of Cape Girardeau. You are not the only one who wants to get away. If I can ever make enough money to get this house finished I want to sell out and move FL. This is a low income area reguardless of what they claim and we are the only ones in the family still here . All the kids have moved away . What do you do?