| accord90 |
| So yesterday I got a Subpoena to appear in court, the guy showed up at my house, asked if I lived here, handed my mom the report and left. She didn't sign anything and theres an attached Certificate of Service that wasn't filled out when he gave it to her. I really don't want to waste a day repeating what I filled out in my police report and honestly don't think I have any further info that I can give. :mad: Is there any way I can get out of the appearance? |
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| Kyle2K |
| im confused. who is this "her" and "she" you speak of? |
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| colossus |
| Please clarify. What's the background of the situation that led to your subpoena? |
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| midnite |
| if you do not want to go, you will have to convince the court before hand that you do not have to comply (with whatever reasons you have), or you may be held in contempt if you do not show. |
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| accord90 |
quote:
Originally posted by Kyle2K
im confused. who is this "her" and "she" you speak of?
fixed:rolleyes: |
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| accord90 |
| My friend witnessed an assault so we went after the guy caught him and held him for the police. When the police came everyone involved filed a report the guy was arrested and we left. I barely remember the day it was over a year ago and am supposed to be out of town thet day of the court appearance. |
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| TrevorK |
quote:
Originally posted by accord90
My friend witnessed an assault so we went after the guy caught him and held him for the police. When the police came everyone involved filed a report the guy was arrested and we left. I barely remember the day it was over a year ago and am supposed to be out of town thet day of the court appearance.
How would you feel if you were assaulted and none of the witnesses showed up, which means your attacker may be set free?
Do the right thing, show up in court. |
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| Vive le Quebec |
You have to be there to testify under oath for your account of what happened to really have any weight to it...
If not, then as TrevorK said, the accused may very well just walk. |
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| stybscelica |
The accused wil not just walk if you do not show up. If you don't show up the crown has a coupl eof options:
Option One.
Set trial over, Date not determined, Issue a Witness warrant for you. You get arrested and sit in jail untill the court date. usually a couple of weeks depending on court time availibility. There is bail availible but it is very very expensive.
Option two.
Crown withdraws or stays the charges you get subpeona'd again and start all over.
Here is what you need to do. Phone the crown prosecuters office and speak to the crown in charge of the file. You may be able to appear before a Jp and swear to an affidavit of what you can testify to in court. It's up to the crown to actually determine what the course of action will be.
So you can take your pick, but in any event phone the crown and tell him you issues.
Cheers |
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| cupcake |
quote:
Originally posted by stybscelica
The accused wil not just walk if you do not show up. If you don't show up the crown has a coupl eof options:
Option One.
Set trial over, Date not determined, Issue a Witness warrant for you. You get arrested and sit in jail untill the court date. usually a couple of weeks depending on court time availibility. There is bail availible but it is very very expensive.
Option two.
Crown withdraws or stays the charges you get subpeona'd again and start all over.
Here is what you need to do. Phone the crown prosecuters office and speak to the crown in charge of the file. You may be able to appear before a Jp and swear to an affidavit of what you can testify to in court. It's up to the crown to actually determine what the course of action will be.
So you can take your pick, but in any event phone the crown and tell him you issues.
Cheers
Bingo! Don't just not show up for Court. If anything, you're bringing more trouble to yourself as it is your legal obligation to attend Court if you have been subpoena'd.
If you advise the Crown of your obligations that are to occur on the Court date, and they are valid such as employment, appointments, etc., they may just adjourn the case until you are available to testify. |
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| kevito_ |
quote:
Originally posted by accord90
So yesterday I got a Subpoena to appear in court, the guy showed up at my house, asked if I lived here, handed my mom the report and left. She didn't sign anything and theres an attached Certificate of Service that wasn't filled out when he gave it to her. I really don't want to waste a day repeating what I filled out in my police report and honestly don't think I have any further info that I can give. :mad: Is there any way I can get out of the appearance?
Go to the appearance. If you fail to meet a summons you may have a warrent issued for your arrest, depending on the particular situation. If you have any questions call the Crown and explain your situation, as recommended by other posters.
This has happened to someone I know... a friend ignored the summons and ended up being arrested after a few weeks. It sucks even more for him because getting his car ticketed and towed in the process... expensive... and he had to pay his friends back for bailing him out. In the end he wasn't in too much serious trouble, just a lot of unnessissary inconvience and expense. If you want to fuck around with the courts, have a good plan in place (ie: lawyer) or call them directly for information and assistance. |
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| BLOCKER |
You have to show up.
at the very least contact the prosecutor and explain why you can not. If it is not a reasonable explanation (in the mind of the prosecutor) then you will still have to show |
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