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subpoena

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waltg

Junior Member
What is the name of your state? pennsylvania

I'm being subpoenaed as a wittness for the commonwealth in an identity theft case where this idiod got caught stealing something at walmart, fought the police to try to get away, got caught anyway then used my name and info to get released. i recieved the summons to appear for the charges upon which I went and met the arresting officer who realized it was not me, but I was fairly confident of who it was so now they have him and want me to testify. My question is what if I don't show? I can't see why they need me to prove it was him that did it, and i don't necessarily feel safe in that he knows where i live and might want to get back at me for testifying what should/can I do???
 


garrula lingua

Senior Member
Are you kidding ?

If this yoyo was using your name, they can continue the case under that name - it is the name he gave.

Many people get arrested, convicted and sentenced under someone else's name (even if the DA knows it's a wrong name, it's the name the defendant gave the cops & it usually stays).

These situations are living hell for the victims. The convictions follow them; even when they get clearance from the court stating they are not the defendant, the record stays on their name and continues to pop up.


You're victimizing yourself by not showing up. Yoyo will continue to use your ID, as he knows you won't stand up in court & you're in for a lifetime of cleaning up someone else's messes.

Aside from those sensible and selfish reasons, you have a duty, as a good person & citizen to stand up and do the right thing.
 

garrula lingua

Senior Member
PS: the victims who won't/don't testify are usually at greatest risk of harm from the defendant.

Once you testify you're safe (and, usually the defendant is too busy to focus on the victim).

When you don't testify, the defendant is focused on you - if you come forward at a later date, the case can be refiled...you are a danger to him until the Statute of Limitations runs.

You're a threat until you testify;
basically, you have the defendant by the short hairs...
Who wants to be holding Al Capone, or ilk, by the short hairs ??

PS: Defendants are usually pretty professional (esp thieves; getting caught is usually just a cost of doing business) - if they go after anyone, it's usually their lawyer.
 

waltg

Junior Member
he is being charged, the case against my name has been dropped. this happened a long time ago and i was really suprised to see something come of it though i can't see how they need me I'm hoping it is just to prove that I exist because if the info he used was fictional then they couldn't make a case for identy theft.
I really don't want to go for a number of reasons him harassing me is just one this place is far from where I live, and i'll have to miss work to appear can't they just take some kind of sworn statement from me??? BTW I forgot to mention this is just a preliminary trial if i do go then this gets sent to the county would they possibly need me to appear again??
 

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