Help: I've been subpoena'd

About a year ago I was driving home from the grocery store and was stopped at the light on Alameda and Sheridan. Something happened. We called 911, and I waited until they showed up. They never asked anything, just for my name.

Well, a year later i get a call from the detective telling me he needs to drop off a subpoena, and I will be required to testify.

Is this anything I should be worried about? Do I need a lawyer? Is it going to be like the movies where the guy is going to come after me in 10 years when he gets out and kill my family? This is just new to me so I have no idea what to expect.

No, you dont need a lawyer. Yes, it is wise to talk to a lawyer just to understand what you will be going through if you wish to. I wouldnt post detail of the event publically. I had to testify for a bank fraudulent case in Ohio. Defendant legal team hired private investigator to follow me around etc. So it is best not to open your mouth in the public and allow them to discredit you. I hope that scumbag get convicted. Good luck to you.

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Originally Posted by ChunkyMonkey

No, you dont need a lawyer. Yes, it is wise to talk to a lawyer just to understand what you will be going through if you wish to. I wouldnt post detail of the event publically. I had to testify for a bank fraudulent case in Ohio. Defendant legal team hired private investigator to follow me around etc. So it is best not to open your mouth in the public and allow them to discredit you. I hope that scumbag get convicted. Good luck to you.

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So you are saying I should probably redact my statement above?

Edit. fixed.

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Originally Posted by drift_g35

So you are saying I should probably redact my statement above?

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no details. lawyers love to contradict you over the smallest detail in any of your statements.

I wouldn't worry about the bandana, but when they see your ball-gag and handcuffs, the line of questioning might take a turn...[LOL]

Kidding...

Sorry, I have nothing of value to contribute, other than that the likelihood of the perp hunting you down is probably very, very slim. If it gives you piece of mind, you could always consult an attorney for advisement on what to expect in/during/from the proceedings. [2cents]

ETA: Saw Chunky's posts when I refreshed, and that sounds like good advice.

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Originally Posted by crays

I wouldn't worry about the bandana, but when they see your ball-gag and handcuffs, the line of questioning might take a turn...[LOL]

Kidding...

Sorry, I have nothing of value to contribute, other than that the likelihood of the perp hunting you down is probably very, very slim. If it gives you piece of mind, you could always consult an attorney for advisement on what to expect in/during/from the proceedings. [2cents]

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Yep, prosecutor usually doesnt proceed unless they know they can get conviction or a guilty plea. My bet is it will be over before you know it. It's not like the 'high profile' cases we see on TV.

Its really a big inconvenience haha. I get married weekend before and am supposed to leave that week for my honeymoon.

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Originally Posted by drift_g35

Is it going to be like the movies where the guy is going to come after me in 10 years when he gets out and kill my family?

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You're on the case as a witness, correct? No don't worry about this- they usually don't do that IRL, at least I've heard of so few cases that you're in more danger trying to buy a bag of crack while stepping out of your 2014 Yukon Denali... Besides (warning, tongue in cheek), there are laws against intimidation and retribution against witnesses... and we all know laws stop bad things from happening. [Coffee]
Besides, you're a gun owner, I hope you have a CCW, I think you'll be okay. Good luck, and usually the DA will help you out, go through the questions you'll be asked, and make you as comfortable as possible.

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Originally Posted by Ronin13

You're on the case as a witness, correct? No don't worry about this- they usually don't do that IRL, at least I've heard of so few cases that you're in more danger trying to buy a bag of crack while stepping out of your 2014 Yukon Denali... Besides (warning, tongue in cheek), there are laws against intimidation and retribution against witnesses... and we all know laws stop bad things from happening. [Coffee]
Besides, you're a gun owner, I hope you have a CCW, I think you'll be okay. Good luck, and usually the DA will help you out, go through the questions you'll be asked, and make you as comfortable as possible.

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Yes as a witness.

did the detective say what the subpoena is for? a hearing or trial?

Never, I repeat never talk with the police or a prosicutor without representation. That is what my lawyers always have told me.

If you get a lawyer you can "make" the party subpoenaing you pay for it in some cases. At a minimum you will be deposed - you should probably learn how to handle a deposition or at least have someone coach you on this. Testifying in court is a breeze - depositions can be a bitch.

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Originally Posted by UncleDave

Never, I repeat never talk with the police or a prosicutor without representation. That is what my lawyers always have told me.

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So they can hand you a bill. [ROFL3]

I testify on a regular basis, both criminal and civil. All they want is the facts, not a big deal. For the average person, it is part of what keeps some semblance of order in society.

Yes, I have had posts on-line read to me in depos and in trial. If you always tell the truth, you have nothing to worry about.

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Originally Posted by asmo

If you get a lawyer you can "make" the party subpoenaing you pay for it in some cases. At a minimum you will be deposed - you should probably learn how to handle a deposition or at least have someone coach you on this. Testifying in court is a breeze - depositions can be a bitch.

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Spend $500 on an attorney to make $40 testifying
[facepalm]

I have been in many court cases. Anything that has any criminality to it, you don't go unrepresented. That has been my experience. I too have testified as an expert witness, even then I had the subpoenaing party pay my expenses. Better to cover your bases IMO, making sure you are not legally exposed in any way. Do as you wish though.

I was served a subpoena in a criminal case once (a case associated with a very famous multi-state manhunt). I sat outside the courtroom for a couple days and was never called to the stand. I kinda knew I wouldn't be called because the defense attorney (who subpoenaed me) spent maybe 60 seconds with me before the trial. Had he actually planned on calling me I thought he would have spent a lot more time chatting with me.

I almost got called to testify in the Court Martial of my boss. I sat around in my dress uniform for four days and they didn't end up calling me. Ugh!

Comply with the subpoena. To do otherwise can get ugly. If you need legal advice, get it.

IMO, I would want to listen to the questions of whoever issued the subpoena before I made a decision on whether I need legal advice.

I got subpoena'd and actually had to go to court and testify. It was a traffic accident that I wasn't involved put I witnessed it all. It was kind of scary for sure having to go to court but really no big deal. If you don't show up then you could be in deep shet. Keep in mind your not in trouble your just a witness telling the court what you saw.

It's happened to me. Chances are you show up at court, wait all day, then the perp pleads out and you never take the stand. If you do, no sweat. Tell the truth and the dirt bag goes away if guilty. Witness intimidation is a BIG no no. Have an open mind and learn something about the judicial process!

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Originally Posted by kidicarus13

Spend $500 on an attorney to make $40 testifying
[facepalm]

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This was my thought... uh the OP is a witness, he's not on trial here. Why get a lawyer? Forgive me for not having ever been a witness in a trail, but one would think there is no chance of any charges or anything bad happening to a witness who did nothing wrong and simply just tells the truth in what they saw...

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Originally Posted by MarkCO

If you always tell the truth, you have nothing to worry about.

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...said every law enforcement officer I've ever spoken with.

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Originally Posted by Ronin13

one would think there is no chance of any charges or anything bad happening to a witness who did nothing wrong and simply just tells the truth in what they saw...

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One would think but I have seen crazier things happen to witnesses on the stand.

I was just double checking. I got screwed by our "legal system" with a lawyer so... better safe than sorry. Thanks guys.

Sent from my SAMSUNG-SGH-I337 using Tapatalk

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Originally Posted by Ronin13

This was my thought... uh the OP is a witness, he's not on trial here. Why get a lawyer? Forgive me for not having ever been a witness in a trail, but one would think there is no chance of any charges or anything bad happening to a witness who did nothing wrong and simply just tells the truth in what they saw...

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Get on the stand once or twice, and get back with us.

3 words, rhonda fields son. Him doing the right thing cost his life. Us , a few more straws on the camels back.

I got issued a subpoena once when I was 19.

Guy I worked with lived near me and I'd give him rides to and from work. Well, after dropping him off one night, his roommate was having a party. Turns out some young (16 IIRC) girls were walking through the neighborhood and just walked in the open garage and helped themselves to the kegs in the garage. They ended up getting stopped walking home and spilled the beans about the party they crashed, not mentioning they crashed it. Since the guy I worked with owned the house, he basically had to take the blame for it.

Luckily the case got dropped and I never had to do anything.

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Originally Posted by Great-Kazoo

Get on the stand once or twice, and get back with us.

3 words, rhonda fields son. Him doing the right thing cost his life. Us , a few more straws on the camels back.

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I was speaking from a legal standpoint, not murder of witnesses...

I'm going to assume the DA subpoenaed you, and you should just talk to them about any concerns you have. You can ask them about risks, and if they are real, they should take any steps necessary to help you. And if it interferes with your honeymoon or whatever, they might help you out. You could talk to a lawyer, but that seems very very unnecessary.

You shouldn't have created joinder. Now look at where you are!

Seriously, though...

1) You're due that witness fee whether you hire a lawyer to get it for you or not. The clerk of the court should be able to tell you how to get that.

2) Lawyers from both sides may want to talk to you beforehand. It's your choice and you have every right to tell both of them to go and get forked. I'll generally talk to the side that subpoenaed me, and will refuse to talk to the other side.

3) If it's criminal, the DA's office should have someone called a "victim-witness coordinator." That person specializes in helping lay witnesses who aren't totally familiar with the process.

4) I won't say that witness retaliation never happens, but it's damn rare. I've been to court more than a few times, including violent gang-related crimes, and never had an issue. Come to think of it, Bad Check Rhonda's son and a few DV cases (and in those, only the suspect retaliating against the victim) are the only ones I've ever heard of.

Reminds me of an old joke:

What does Subpoena mean ?

Sub - Latin prefix for something "under or below"
Poena - kind of like "penis"

Therefore Subpoena obviously means "When you get a Subpoena, they've got you by your balls".