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  1. #1
    jcscpapc is offline Junior Member
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    Subpoena from another state

    What is the name of your state? PA

    I live in Pennsylvania and I received a subpoena to appear as a witness in a criminal trial case involving a reckless driving charge located in Smyth County, VA. Since the distance is approximately 830 miles round trip to the Courthouse in Marion, VA, I will not be able to appear for the court date as indicated on the subpoena unless I get reimbursement for the cost of my travel including out of pocket expenses (such as, meals and lodging). However, the subpoena states that, "Failure to comply with this subpoena could cause you to be fined or jailed for contempt of court." Therefore, if I do not appear for this criminal case, will I be sited for contempt of court as stated on the subpoena? Does this subpoena have any jurisdiction over me since I reside in Pennsylvania and not in Virginia? Will the Commonwealth of Virginia or Smyth County Court reimburse me for my travel expenses, including mileage, meals and lodging? If so, what must I do to request the reimbursement of these expenses?

    In summary:

    1. What will happen if I fail to appear at the hearing in Smyth County, General District Court? By the way, the subpoena was delivered by ordinary first-class mail, so there is no proof that I received it.

    2. Am I entitled to receive reimbursement for travel expenses if I appear? If so, how is the reimbursement determined and how do I apply for the reimbursement?

    Thank you for your prompt reply..
  2. #2
    FlyingRon is offline Senior Member
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    What was your relationship to the defendant? Were you an accident victim in a case he was cited in?

    Generally with large distances some travel reimbursement is available if the commonwealth's attorney decides he needs to do that to get you there. If you fail to respond the judge MAY hold you in contempt, you don't really want to go there.

    You should have been referred to the victim/witness office in the county that you were subpoenaed in. The Smyth county office can be reached at 757 782 4061. The Commonwealth's attorney is 757 782 4042
  3. #3
    tranquility is offline Senior Member
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    What court issued the subpoena?
  4. #4
    jcscpapc is offline Junior Member
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    Subpoena from another state

    FlyingRon.

    I do not know what my relationship to the defendant. I do not know the defendent.

    Yes, I was the victim in the case that he was cited as the defendent.

    And, I was listed as the witness for the Commonwealth of Virginia as plaintiff.
  5. #5
    jcscpapc is offline Junior Member
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    Subpoena from another state

    Tranquility.

    The court that was listed was the General District Court, and the case was listed as a Criminal Case.
  6. #6
    tranquility is offline Senior Member
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    What was the name and jurisdiction of the court listed at the top of the subpoena?
  7. #7
    jcscpapc is offline Junior Member
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    Subpoena from another state

    Tranquility

    The name and jurisdiction of the court listed on the subpoena is "General District Court" located in Courthouse, Marion, VA. The Subpoena for Witnesses was for the "Commonwealth of Virginia."

    The Commonwealth of Virginia is listed as the plaintiff.
  8. #8
    FlyingRon is offline Senior Member
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    Call the number I gave you. They exist to answer questions of the kind you are asking.

    I only asked to see if you were somehow involved with the defendant. The state police has the bad habit of subpoenaing the "victim" of auto accidents when the write up the other driver. Sort of adding insult to injury. Twice I've gone to court after some clown has run into me.
  9. #9
    tranquility is offline Senior Member
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    The court does not have jurisdiction over you. You can ignore the subpoena, but don't *ever* go to a place where the court has jurisdiction over you.

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