theft case

[rothie]

What is the name of your state? NJ
What happens in a criminal misdemeanor case if a key witness for the state does not show up, even though a subpoena was issued?
Can a written statement from this person be used
in his absence? This statement is notarized.

 

[Mike101]

A statement will probably not be allowed if the person ignores a subpoena. Unless they are dead. You have the right to cross examine. If the person doesn't show up the first time the judge will probably continue it if the state requests that. Happens again you could probably get the case dismissed.

 

[rothie]

theft

Thanks for the answer but I am representing the
state in this midemeanor case in a municipal court and it's the defendant's witness that won't appear even though issued a subpoena and has signed a notarized statement.
I was wondering what happens to the witness if he refuses to appear or try to hide from the subpoena being served?

 

[Mike101]

If a person gets the subpoena and does not show up a judge can order a show cause. Then the person would have to come in to court and answer to why he did not show up. More or less show cause why they should not get thrown in jail.

 

[stephenk]

you are a prosecutor and dont know what happens if a witness does not honor a subpoena? where were you trained???

if the defense witness does not show up and has been served with a trial subpoena, the court will issue a body attachment/bench warrant. if the court knows where the witness is at, they can have the sheriff's bring the witness to court.

If the witness has not been served with the subpoena, there is nothing the court can do to compel the witness to appear and testify.

 

[rothie]

I am not an prosecutor. I am doing this pro-se.
It's allowed in NJ on misdemeanor cases.
Thanks