Nephew summoned

[mrshaynes]

Missourri state. My nephew was in the car when someone else commited theft. Now he has received a letter to appear in court as a witness I believe. The letter says the state of Missouri against the person that commited the crime but since the incident he has moved to Texas. Does he have to appear in court or can we let the courts know he has moved. He is 15 and has to start school the same day. Also the letter says that he has to continue with proceedings until the case is closed. What do we do? Will they accept a written statement?

 

[quincy]

Missourri state. My nephew was in the car when someone else commited theft. Now he has received a letter to appear in court as a witness I believe. The letter says the state of Missouri against the person that commited the crime but since the incident he has moved to Texas. Does he have to appear in court or can we let the courts know he has moved. He is 15 and has to start school the same day. Also the letter says that he has to continue with proceedings until the case is closed. What do we do? Will they accept a written statement?

If he is just being called as a witness and not as an aider-and-abetter, the court may allow him to appear telephonically. It is important first for your nephew to figure out if he is being charged with a crime. Your son can call the court to determine why his appearance is requested/required or he can have an attorney personally review the letter and offer him advice.

 

[adjusterjack]

Missourri state. My nephew was in the car when someone else commited theft. Now he has received a letter to appear in court as a witness I believe. The letter says the state of Missouri against the person that commited the crime but since the incident he has moved to Texas. Does he have to appear in court or can we let the courts know he has moved. He is 15 and has to start school the same day. Also the letter says that he has to continue with proceedings until the case is closed. What do we do? Will they accept a written statement?

A critical point.

Have you seen the letter?

Is it a letter requesting his presence or is it a subpoena ordering his presence?

There is so much missing from the story probably because your nephew has no clue (and I doubt that you know what's really happening) and it would be very dangerous for him to do anything without consulting an attorney first.

I find it hard to believe that he hasn't been charged as an accessory.

 

[quincy]

Although based on the little that has been said it seems that the nephew would be charged with assisting or aiding in the theft if he were in the car when the theft was committed, it is possible that the prosecutor has good reason to believe the nephew had no prior knowledge of the crime or the prosecutor believes he will be unable to show the nephew had the criminal intent necessary for a conviction.

Whatever the case, it would be smart for the nephew to have the notice he received from the court personally reviewed by an attorney. He will want an attorney before speaking of the theft to others (certainly before speaking to the police) and he will want an attorney if he is, in fact, being charged with "acting with another" to commit theft.

But a quick call to the court could explain the letter and what exactly is required of him to see if he needs an attorney representing him or if he will only want one to help with telephonic testimony.

The nephew just needs to make sure he does not miss any court hearing by failing to respond properly and in a timely fashion to the letter. A court summons is not something he should ignore.

 

[mrshaynes]

The letter says missourri vs the persons name. You will be served a subpeona. The subpeona will remain under the authority 491 090, RSMo, supreme court 26.03 until this case is disposed or you are finally discharged by the court. Then gives the date of the preliminary hearing.

 

[adjusterjack]

Your nephew needs a lawyer.

Unless he's already got a written immunity agreement he could be walking into a set of handcuffs.

 

[quincy]

The letter says missourri vs the persons name. You will be served a subpeona. The subpeona will remain under the authority 491 090, RSMo, supreme court 26.03 until this case is disposed or you are finally discharged by the court. Then gives the date of the preliminary hearing.

Your nephew will want to speak with an attorney well before the preliminary hearing. A subpoena is not a request to appear - it is a court order to appear, subject to a warrant for his arrest if your nephew fails to show up.

Why are you involved? Does your nephew live with you in Missouri or does he live in Texas? How was the summons served and on whom?

Whatever the answers, your nephew needs an attorney. Whether your nephew is allowed to appear telephonically from Texas is something the attorney can look into for him but your nephew will need to appear in court, one way or the other.