Out of State Subpoenas

[kwpdca2013]

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

I have relocated to PA and there is an outstanding criminal matter in RI that I was a witness to. The charges were simple misdeameanor charges and I want no involvement in the case whatsoever. I have let the courts and prosecutor know this both verbally via phone and through a submitted affidavit. The prosecutor has threatened to subpoena me, however they do not know where I am currently living. I did tell them I moved to PA hoping they would just stop knowing that I was far away, but never provided an address of my location. Nevertheless they do not appear to be letting up on this matter and everyone I have spoken with (friends who are cops) has indicated that they do not understand why they are persuing this so aggressively as the "defendant" has no criminal record and they are misdeameanor charges.

I have read conflicting information online and received further conflicting information from a friend who was a private detective here in PA on how easy/quickly, the RI prosecutor can subpoena me in PA. In some cases I have read that it is a complicated and expensive process that takes time as it requires approval in both the RI courts and then it needs to be "domensticated" here in PA before someone in PA can actually serve me with a subpoena. Can anyone confirm how easy/difficult this is?

I am concerned because I received a single text message from an unknown phone number the other day containing nothing except the word "law" in it and I am concerned that they may be trying to trace my cell phone and locate me.

Any insight that can be shared on this topic would be appreciated.

 

[tranquility]

The prosecutor can issue a subpoena and get it domesticated very quickly. While it is an additional step in the process, this is the government. Most counties of any size have a liaison set up to handle such matters as routine.

 

[kwpdca2013]

Ok...but am I correct in that they need to physically hand me the subpoena for it to be valid and considered served where I am required to attend?

This is all assuming that they figure out where I am staying.

If I never answer the door to be served, would I avoid having to go by doing that? If my roomate answers and I am not home and she tells them that, must they return and attempt to physically serve me or can they hand the subpoena to my roommate? Please note that I currently do not really legally reside anywhere as I am crashing on a friends couch as I work to reassemble my life.

 

[kwpdca2013]

Can you also define quickly on a generalized average amount of time?

Meaning, last court date they merely asked me to attend was last Thursday. Does quickly mean they could be serving me today or next Monday?

 

[tranquility]

Depending on how motivated they are, they could do it in an hour. No one can tell. You do need to be served. There are many ways to serve you. For example:

42 Pa. Cons. Stat. § 5904
§ 5904. Subpoena of witnesses.
(a) Method of service.--In addition to any other method of
service provided by law, a subpoena may be served upon a witness
in a criminal proceeding by registered or certified mail, return
receipt requested, or by first class mail.
(b) Proof of service.--A completed return receipt shall be
prima facie evidence of service of the subpoena.
(c) Duration.--A subpoena shall remain in force until the
termination of the criminal proceeding.
(d) Bench warrants.--Upon proof of service of a subpoena,
the court may issue a bench warrant for any witness who fails to
appear in response to a subpoena. However, such warrant cannot
be issued if service has been by first class mail.
(Nov. 26, 1978, P.L.1264, No.301, eff. imd.)

 

[kwpdca2013]

If they send it via certified/registered mail, would I be the one that needs to sign for it?

In other words if my roommate signs for the letter, am I obligated to attend? I intend on relocating to CA as soon as tomorrow and want to know if I will be obligated to show up if my roommate signs for the letter. Being addressed to me, she would obviously not open it or ever know the contents of it, so how could I ever know when the court date is? Additionally, I do not intend on informing her of where I am going.

Also, why is it that I read all over the internet on various forums and legal articles that out of state subpoenas are difficult, expensive, and time consuming? Is this something that only applies to civil matters instead of criminal matters?

 

[tranquility]

Perhaps it is because it is more difficult for civil cases. Yours is criminal and the prosecution (aka the government) wants you.

I understand you're trying to dodge the subpoena. Before you risk going to jail over some internet theory from me or anyone else, perhaps you should see an attorney. While I can certainly imagine the need for you to testify to go away if you delay things long enough, I also know some prosecutors who really get cheesed off if a case gets blown by a subpoena dodging witness and make it their life's work to make sure they are served. Some will try to make an example of such intransigent witnesses to make sure the next guy they need doesn't play games with them.

 

[kwpdca2013]

You have admittedly made me extremely nervous to even leave the house to consult with an attorney. However, I am considering trying to a call a couple for an initial consultation to see what they say.

I am under the impression based on the last communications from the prosecutor that the matter is going to trial some time very soon. If the trial date comes and I am not there and I haven't been subpoenaed will the matter just go away at that point?

Doesn't the accused have a right to a speedy trial? How can they make it their "life's work" to serve me? wouldn't that essentially violate the defendant's right to a speedy trial?

My big issue with this whole thing is that I was heavily intoxicated during the incident and I gave a statement that I do not ever remember giving. I was told by police the next day of what I wrote in the statement and I know some things are not true that I wrote in the statement. I just want the whole thing to go away and not be involved at all.

 

[tranquility]

Giving a false statement to the police could be considered a crime. Perhaps he will attempt to have you arrested and brought back to answer for that if you don't testify. Speedy trial rules can certainly limit the time for a continuance. But, if they really cared, they would get you served. The DA will call his buddy in your state he met at the conference and THAT DA will ask those upright, reverent, thrifty and brave police officers in your area to stand on your doorstep and keep knocking until someone answers. (I don't know if they can post on the door and follow up with the mail in your state.)

 

[Just Blue]

You have admittedly made me extremely nervous to even leave the house to consult with an attorney. However, I am considering trying to a call a couple for an initial consultation to see what they say.

I am under the impression based on the last communications from the prosecutor that the matter is going to trial some time very soon. If the trial date comes and I am not there and I haven't been subpoenaed will the matter just go away at that point?

Doesn't the accused have a right to a speedy trial? How can they make it their "life's work" to serve me? wouldn't that essentially violate the defendant's right to a speedy trial?

My big issue with this whole thing is that I was heavily intoxicated during the incident and I gave a statement that I do not ever remember giving. I was told by police the next day of what I wrote in the statement and I know some things are not true that I wrote in the statement. I just want the whole thing to go away and not be involved at all.

What was the "incident"?

 

[kwpdca2013]

It is a DV case where I was the "victim". I put victim in quotes as I do not remember much of the night, however, my ex is the complete opposite of someone who would do that.

Furthermore, I never had a mark on me or any indication that he ever struck me (no bumps, bruises, pain anywhere). However, his entire forehead and eyes were all cut up in pictures that I have seen since the event. So I am concerned that that is exactly what they may do. I have had contact with my ex for a couple weeks at this point as a judge modified the no contact order to allow phone / text messaging contact. He has indicated that he has only said to the prosecutor that the marks on his face were an accident and an misunderstanding and that I appeared to lose my control and acted in a manner like I was having a bad nightmare or flashbacks. I actually was seriously abused in a previous relationship to the point where I temporarily lost my eyesight and I went to court and had that person jailed for a year for what he did. My ex boyfriend was aware of this from 2 months into our relationship when we were opening our hearts to each other.

But, in this case, there is no doubt in my mind based on the physical evidence (I bruise extremely easy and as mentioned before I did not have a mark on me), the fact that I was heavily intoxicated and do not remember much (and what I remember is not consistent with what I was told I put in my statement), my now ex-bf's general personality for the 10 months I was with him, and what he has described to me about what happened (which coincides much more with what I do remember than my "statement") that much of what I wrote in my statement was not true. Whether I was afraid at the time that the police showed up because I knew I did something to him to cut up his forehead (neither of us called them, but a neighbor apparently heard yelling and called them), or I was having a flashback at the time and wrote stuff down thinking that it was happening in the present, I really do not remember.

I was and have been in therapy for years for the past abuse, so it was very real, and it has permanently scarred me, but I really do not want or deserve to have a criminal record over this :-(.

I have already lost my ex because he no longer will trust me after what happened, no matter how much I apologize. He has been nice enough to not make any formal statements about the marks on his head standing by that it was an accident, and he doesn't deserve any of what he is going through either. I am just afraid of what his lawyer and/or the prosecutor is going to ask and/or do to me if I have to testify.

 

[davew128]

Inform the prosecutor you will no longer speak to them, are represented by counsel, and are invoking your rights against self incrimination. From your last post, it sure sounds like you are the one that should have been charged with battery.