Subpoena as witness

[AGKerp]

What is the name of your state? Michigan

I have been contacted by a prosecutor in Washington state to appear as a witness in a trial. I haven't been issued a subpoena, yet. What are the 'likely' ramifications if I do not show up to the trial? I will probably contact an attorney, but I thought I would get a head start here. I've heard about out of state jurisdiction issues, any truth to this?

 

[seniorjudge]

What is the name of your state? Michigan

I have been contacted by a prosecutor in Washington state to appear as a witness in a trial. I haven't been issued a subpoena, yet. What are the 'likely' ramifications if I do not show up to the trial? I will probably contact an attorney, but I thought I would get a head start here. I've heard about out of state jurisdiction issues, any truth to this?

Q: What are the 'likely' ramifications if I do not show up to the trial?

A: Jail.

 

[Just Blue]

What is the name of your state? Michigan

I have been contacted by a prosecutor in Washington state to appear as a witness in a trial. I haven't been issued a subpoena, yet. What are the 'likely' ramifications if I do not show up to the trial? I will probably contact an attorney, but I thought I would get a head start here. I've heard about out of state jurisdiction issues, any truth to this?

Go to court...Testify...if your testimony differs from what you told the police the night of the assault...expect a problem...

 

[tranquility]

A Michigan resident is called by a Washington prosecutor and told he will be a witness in a trial. No subpoena has been issued. He wonders what he should do.

seniorjudge wrote:
Q: What are the 'likely' ramifications if I do not show up to the trial?

A: Jail.

Jailed, on what charge? There would need to be valid service to be a contempt charge. Not only that, but there would be the problem of the court's jurisdiction over the person anyway.


The OP should see an attorney and try to see what can be done. But, I don't see how "jail" is the quick and dirty answer.

 

[Just Blue]

A Michigan resident is called by a Washington prosecutor and told he will be a witness in a trial. No subpoena has been issued. He wonders what he should do.



Jailed, on what charge? There would need to be valid service to be a contempt charge. Not only that, but there would be the problem of the court's jurisdiction over the person anyway.


The OP should see an attorney and try to see what can be done. But, I don't see how "jail" is the quick and dirty answer.

AGKERP, Is a woman that was beaten by her husband...She will do anything to NOT testify against him....She called the police...told them that she was assaulted...now wants to change that....She can't...not unless she want to go to jail herself...

Tranquility...Perhaps you should read the OPs other posts so that when you respond you will know what you are talking about!!

 

[eme76]

AGKERP, Is a woman that was beaten by her husband...She will do anything to NOT testify against him....She called the police...told them that she was assaulted...now wants to change that....She can't...not unless she want to go to jail herself...

Tranquility...Perhaps you should read the OPs other posts so that when you respond you will know what you are talking about!!

aawww...come on now bay... you must have had too much wine tonight you know that is asking WAY too much

 

[tranquility]

baystategirl wrote:
AGKERP, Is a woman that was beaten by her husband...She will do anything to NOT testify against him....She called the police...told them that she was assaulted...now wants to change that....She can't...not unless she want to go to jail herself...

Tranquility...Perhaps you should read the OPs other posts so that when you respond you will know what you are talking about!!

And, how does this affect my answer? The prosecutor can make her testify. All he's got to do is issue and serve a subpoena. A court order to testify. Otherwise, I don't see the crime from not travelling back to another state to testify. The subpoena would need to be issued from a court that has personal jurisdiction over the OP. That shouldn't be hard from a proceedural point of view, although it might be a bit harder practically.

Does Washington have a statute making it a duty to testify against a person you report as having committed a crime against you? That's one of the reasons to see an attorney. It's possible they do. Then, the lack of testimony could be a crime in itself.

Whether she should testify or cooperate is a different question. Obviously, lying on the stand is perjury, but will probably not be prosecuted. If her sworn testimony differs from what she told the police, then she could be prosecuted for filing a false police report.

But, can someone tell me why it is assumed she will go to jail if she doesn't do what the prosecutor tells her he wants her to do?

 

[gawm]

But, can someone tell me why it is assumed she will go to jail if she doesn't do what the prosecutor tells her he wants her to do?

Because a lot of members here get morals confused with law and like to deal with possibilities instead of probabilities.