grand jury subpoena

[whatsthis]

What is the name of your state (only U.S. law)? ny

i received a letter to appear as a witness before a grand jury in 2 weeks. it says there may be a fine or jail sentence should i fail to appear. is there any way around it? is there any way to excuse myself as a witness? i honestly have no clue what the case is about. so what's the point of being there? what is a grand jury? do i need a lawyer for this?

 

[eerelations]

You need to contact the organization that sent you the letter and ask these questions there. However, given what I know about grand juries and subpoenas, it's unlikely they'll excuse you from appearing, unless you can prove that you'll be dead on court day or at the very least, unconscious in a hospital. Having "no clue what the case is about" would not be considered a good excuse.

And keep in mind that they mean it when they say you'll be fined or jailed if you fail to show up - no-shows are fined and/or jailed all the time for this. The only way you can avoid being fined or jailed for not showing up is if you are formally excused, in writing, by the courts.

 

[You Are Guilty]

It's basically super-jury-duty. There's no case to "know" about, but you may be excused for a really good reason. Here's everything you ever wanted to know about grand jury duty but were afraid to ask:
http://campus.udayton.edu/~grandjur/recent/hnygjw.htm

 

[whatsthis]

re:

can work be a reasonable excuse to get out of it? work does not pay for this and the city only pays up to $5/hr. $5 or $35/hr? it's tough right now and can't afford to lose $30/hr! any suggestions? thanks

 

[eerelations]

Sometimes work is a good enough excuse, sometimes it isn't - depends on the grand jury, the jurisdiction, the available pool of jurists, and the judge's mood that day. You need to pose this question to the courts, not us.

 

[>Charlotte<]

Are you talking about serving on a grand jury, or being called to testify as a witness? You said one thing in the OP, but are now talking about being paid. Are you being summoned as an "expert" witness?

You say you don't know what the case is about, but you've been subpoenaed for a reason.

 

[whatsthis]

re:

the letter said as a witness before a grand jury in 2 weeks. so don't i get paid to do that? there's no point of missing work... so i need an excuse.

 

[You Are Guilty]

the letter said as a witness before a grand jury in 2 weeks. so don't i get paid to do that? there's no point of missing work... so i need an excuse.

Well, that's quite different. Being a juror is nothing like being a witness. A witness is required to attend, although you may be able to talk to the ADA and have the date and/or time rescheduled to something less inconvenient. However, the next thing most people see if they ignore that subpoena is two officers on their doorstep/in their office, waiting to escort them to the courthouse.

 

[whatsthis]

re:

thanks. can you really get in trouble for not showing up? don't i have the right to refuse to be a witness? what's the point of wasting my time if i don't even know what the case is about? or why am i selected to be a witness? is there a way to remove my name from being a witness? the only thing i remembered doing within the past 3 months was calling 911 to report a suspicious person lurking around the parking lot at 3am. but i told the 911 operator that i want to remain anonymous. other than that, i don't recall getting into any trouble except forgetting to attend my kid's annual pta meeting before school started last week. thanks!

 

[You Are Guilty]

thanks. can you really get in trouble for not showing up? don't i have the right to refuse to be a witness? what's the point of wasting my time if i don't even know what the case is about? or why am i selected to be a witness? is there a way to remove my name from being a witness? the only thing i remembered doing within the past 3 months was calling 911 to report a suspicious person lurking around the parking lot at 3am. but i told the 911 operator that i want to remain anonymous. other than that, i don't recall getting into any trouble except forgetting to attend my kid's annual pta meeting before school started last week. thanks!

Call the DA'a office for the county you're scheduled to show up in and ask them. It's possible it is just a case of someone having the same name as you.