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  1. #21
    Join Date
    Feb. 4, 2001
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    Sheridan, IN
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    3,439

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    I was served a supeona on a divorce case--the husband wanted an accounting of what the wife had spent on the horse stuff. I had already submitted that as requested & her lawyer served me. The court day was on my first day of Event Camp here & I was not happy that I'd already spent a boat load of time going back through years of her financials and now was expected to drop everything here & run off to court to say "Yes, this is correct". I consulted a lawyer here (in Indiana) and they told me I did not have to go unless I was paid with the subpeona. I called the woman's lawyer & told her I would not be coming and she said OK.

    That said, if this were a matter of physical damage I would have made the time to go & make a stand against violence.


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  2. #22
    Join Date
    Feb. 23, 1999
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    Cypress, near Houston, Texas
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    8,486

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    LAZ, the difference is that in your case you were being called as an expert witness in a civil matter, not a fact witness to a violent crime. If a person is subpoenaed by the prosecution as a witness to a violent crime and fails to appear, the judge WILL issue an arrest warrant (called in Texas a warrant instanter, meaning that the sheriff will IMMEDIATELY go out and search for the person and drag them into court). You could then sit in a jail cell for days until the trial is over and your testimony is given.
    Visit Sonesta Farms website at www.sonestafarms.com or our FaceBook page at www.facebook.com/sonestafarms. Also showing & breeding Cavalier King Charles Spaniels.


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  3. #23
    Join Date
    Nov. 1, 2005
    Location
    The Prairie
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    5,448

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    Quote Originally Posted by LAZ View Post
    I was served a supeona on a divorce case--the husband wanted an accounting of what the wife had spent on the horse stuff. I had already submitted that as requested & her lawyer served me. The court day was on my first day of Event Camp here & I was not happy that I'd already spent a boat load of time going back through years of her financials and now was expected to drop everything here & run off to court to say "Yes, this is correct". I consulted a lawyer here (in Indiana) and they told me I did not have to go unless I was paid with the subpeona. I called the woman's lawyer & told her I would not be coming and she said OK.

    That said, if this were a matter of physical damage I would have made the time to go & make a stand against violence.
    That is a very different thing than what the OP is talking about. If the wife's lawyer issued the subpoena to you she can also cancel you as a witness. If the prosecution has issued the subpoeana to OP they are not going to say OK, don't come.

    Sometimes if a witness has some facts that need to be added but are not controversial those facts can be agreed to ahead of time and the witness themselves are subsequently excused. (i.e. emergency room doc who has evidence about injuries sustained by a victim that can be simply put in a medical report).

    It seems unlikely that the OP would be excused but she won't know until she gets in touch with whoever issued the subpoena and finds out what they want from her.

    Like I have told people, a subpoena is a court order not an invitation. We can try to work with you regarding schedules, protection concerns, etc but at the end of the day we are not asking you to RSVP.
    I love cooking with wine. Sometimes I even put it in the food.


    3 members found this post helpful.

  4. #24
    Join Date
    Aug. 9, 2007
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    9,078

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    I've been subpoenaed in civil cases, and in them, the attorney subpoenaing me has always included a check for mileage, witness fee, etc.

    And when I had to bring in witnesses for criminal cases from out of state, I had to have my DA's office include air fare and witness fees, etc. BTW, you can be taken to court in another state in a criminal case, and required to go to court in another state. There's an interstate compact that requires witnesses in criminal case to respond to subpoenas from other states.

    And I'm dismayed that a poster said someone can pretent to forget what happened. Look, the concept that the law goes by is that you are to tell the truth. You can be impeached by your prior statements if you try to back down at trial, and it's not a pretty sight if you are caught in a lie, and the judge finds you in criminal contempt of court.

    Now if OP is at fault, I.e., if she furnished the alcohol to the drunk driver, she can get a lawyer and invoke her 5th amendment right to not incriminate herself.

    And who gets "thrown out of a car?" I mean, wasn't OP wearing her seat belt? Or was she drunk too, and forgot to fasten her seat belt? Go to court and tell the truth. That drunk driver could have killed innocent people. Lying is bad, lying under oath is a crime.

    Sure going to court is an inconvenience and the witness fee doesn't replace lost wages for the working poor whom we dragged in to testify about things they saw as innocent bystanders. But hey, when you are the victim of a crime, and most of you will be, unfortunately, victims of crimes, you will be glad that total strangers will come in a testify to what they saw when you were victimized.


    9 members found this post helpful.

  5. #25
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    Apr. 25, 2011
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    856

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    The lack of information makes this a rather curious thread.


    4 members found this post helpful.

  6. #26
    Join Date
    Sep. 5, 1999
    Location
    Central FL
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    4,415

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    only if you want to risk being arrested when you get pulled over for a random traffic ticket...

    Go.


    1 members found this post helpful.

  7. #27
    Join Date
    Dec. 31, 2000
    Location
    El Paso, TX
    Posts
    12,657

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    You can lose all of your money, your home, your car, and all of your possessions, and still have your integrity. Dodging subpoena's, lying about what you remember, and all that, removes even that. Do the right thing and go, and testify honestly. Have some integrity.


    7 members found this post helpful.

  8. #28
    Join Date
    Aug. 6, 2002
    Location
    NJ, USA
    Posts
    2,276

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    Dying to know more details from OP but understand if that's just not in the cards.

    One of my best friends (now ex) husbands threw a woman from the car he was driving. They were both high on some drug. Ex husband ended up doing time (2-3 years I think) they called it attempted murder (I think he was driving fast). No idea what happened to the woman, but I was told she wasn't actually hurt (the drunk or drugged up folks never seem to get seriously hurt in accidents!).

    As an eerie aside, just after he was incarcerated, it was reported by a neighbor that he had been digging graves behind the apartment complex - they found 3 open, empty graves. It's been a scary mystery since, who those graves were "for", as he wouldn't talk. Some speculated *I* was supposed to be in one of them :-O - since when she met me, that's when his life turned upside down (I got her into riding & showing, she left the druggie scene & dove full time into horses). He's out now - not opening the door if he shows up to visit!

    OP hope things work out ok for you, either way.


    3 members found this post helpful.

  9. #29
    Join Date
    Apr. 1, 2008
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    4,538

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    Quote Originally Posted by gingerlynn View Post
    I was thrown from a car by a drunk man now the man is going to court and the police are trying to serve me. I just want norhing to do with the mess.
    why do you want to evade your responsibility? If there is a legitimate reason, contact the investigating officer and express those concerns. If it's just that you don't want involved, it's too late. You already are involved. You got involved when you were tossed out of the car or before if you were "with" the drunk man.

    You have an obligation and a duty to appear. As Cloudyandcallie said, if you are ever a victim, you will want the prosecution to do all they can for you, and they cannot do that if people shirk their duty.

    As for the comments from Cabarello on how to avoid it, you might want to take his/her suggestion with a grain of salt. That could get you placed in contempt of court and trust me on this, judges really hate it when people waste their time.

    If there is a subpeona issued/served, just go.


    2 members found this post helpful.

  10. #30
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    Dec. 10, 2012
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    689

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    Some of you seem to have way too much faith in the legal system.

    While I have zero idea about the OP's situation, I can easily understand why she doesn't want the man in her life.


    2 members found this post helpful.

  11. #31
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    Dec. 10, 2012
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    Quote Originally Posted by threedogpack View Post
    As for the comments from Cabarello on how to avoid it, you might want to take his/her suggestion with a grain of salt. That could get you placed in contempt of court and trust me on this, judges really hate it when people waste their time.
    Cool, our rights don't mean shit to the court. Awesome.

    That's why we have a legal system, not a justice system.



  12. #32
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    Dec. 10, 2012
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    Quote Originally Posted by cloudyandcallie View Post
    Lying is bad, lying under oath is a crime.
    But the cops lying to YOU is OKEE DOKEE! Right counselor?

    F that



  13. #33
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    Nov. 18, 2010
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    california
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    Quote Originally Posted by caballero View Post
    But the cops lying to YOU is OKEE DOKEE! Right counselor?

    F that
    Why are these posts so not surprising from this poster.......


    3 members found this post helpful.

  14. #34
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    Dec. 10, 2012
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    Quote Originally Posted by stolen virtue View Post
    Why are these posts so not surprising from this poster.......
    Are you OK with cops lying to suspects during interrogation?

    Are you OK with coerced confessions?

    Or are you saying they don't happen?



  15. #35
    Join Date
    Aug. 9, 2007
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    Let me guess which poster on this thread has been arrested by the cops.

    Look, nothing is perfect. When I told my Judge Cooper that I was recommending probation, AGAIN, for a defendant, he said why? I said well because I wouldn't put these 2 narcs under oath. The good cops know who the bad cops are, and they tell prosecutors. And my previous Judge Weltner, had a voice stress analyzer under his bench. Of course he used it for divorce cases mostly since he'd had several experiences in divorce court vs. his wives. And then we had Nancy Grace. Who btw was blasted by both our state courts and by the federal courts for foul play.

    But hey, 99% of cops I dealt with did not lie to defendants like those cops on TV do. You cannot promise someone a hope or reward or lesser sentence to get them to confess. TV is not reality. That's why both the police department and the crime lab had polygraphers, again not like on TV, who were there to polygraph the cops and the defendants. A set of questions is decided on by the polygraphed and the defense and state, the questions are read to the defendant, he's hooked up, and the questions are asked in the same order on 3 separate polygraphs. And only maybe 6 or 7 questions total. So if someone alleges that the cops lied, off to polygraph everyone.

    I always said I'd be willing to take a polygraph on everything I'd done concerning my job over those 20 years. And I didn't know my judge had that voice stress analyzer, so it was a good thing that I never lied to him.

    The cops are there t o protect people and if necessary, to die for people. And they make a pittance compared to what they made on their 2nd jobs after their shifts were over each day.

    ETA Even decades ago, interrogation of suspects was taped. Then we got videotapes of confessions. If cops or DAs do anything illegal, the cases get reversed.


    4 members found this post helpful.

  16. #36
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    Dec. 10, 2012
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    689

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    Quote Originally Posted by cloudyandcallie View Post
    Let me guess which poster on this thread has been arrested by the cops.
    Keep guessing.......



  17. #37
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    Nov. 29, 2008
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    3,065

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    Quote Originally Posted by stolen virtue View Post
    Why are these posts so not surprising from this poster.......
    And why do I think they sound so eerily familiar?


    4 members found this post helpful.

  18. #38
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    Nov. 18, 2010
    Location
    california
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    4,247

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    I'm sure there is an occassional lying cop. But the ones I know and come to our Christmas party have been honest, hard working and people I would want to have help me if something horrible were to happen to me or my family. They are the real deal and our community is better because of them.


    2 members found this post helpful.

  19. #39
    Join Date
    Jul. 29, 2004
    Location
    Colorado
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    1,550

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    Quote Originally Posted by caballero View Post
    Are you OK with cops lying to suspects during interrogation?

    Are you OK with coerced confessions?

    Or are you saying they don't happen?
    First, I am not LE or an attorney.

    I believe it has been upheld that LE can "lie" in order to get a confession. For example, saying someone said or did something that, in fact, was not the case. LE cannot promise charges, etc.

    It is not legal to coerce a confession. I suspect that most LE video record all interrogations. Would not want to get a confession recorded.

    The cop show on TV... L&O, CSI, etc are hopelessly unrealistic with their presentation of searches, entries, interrogations.

    Something which is much closer to what I suspect most LE does is The First 48 on A&E. You see actual interrogations and how LE interacts with parties being questioned.


    1 members found this post helpful.

  20. #40
    Join Date
    Apr. 1, 2008
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    Quote Originally Posted by Where'sMyWhite View Post
    The cop show on TV... L&O, CSI, etc are hopelessly unrealistic with their presentation of searches, entries, interrogations.
    ^this. It usually takes over an hour to solve a crime and even longer to prove it.


    2 members found this post helpful.

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