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supeona question

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mathteacher098

Guest
i was in an auto accident in pennsylvania in june. the truck driver who hit me was issued a citation. last week i was issued a supeona to appear as a witness for the state in criminal summary trial. someone told me because i live in new jersey i don't need to show up. is this true? i need to know asap, i don't want to be in contempt of court
 


S

Soontobedivorce

Guest
you will be in contempt of court so it would be good idea to show up. If you live a couple hours away, you can request court to pay you for transportation costs if you are a witness to something.
 

I AM ALWAYS LIABLE

Senior Member
Soontobedivorce said:
you will be in contempt of court so it would be good idea to show up. If you live a couple hours away, you can request court to pay you for transportation costs if you are a witness to something.

My response:

The above is a bunch of bullsh%t.

Obviously, "Soontobedivorce" has never heard of the word "Jurisdiction".

Unless the subpoena was issued through your State court, you don't have to appear on the subpoena. Now, it's true that when you drive in another State, you impliedly agree to all of their laws. However, once you leave, jurisdictional "States Rights" take effect and one State has no power over the citizen of another State without the home State's "permission"; i.e., the issuing State needs to ask for, and obtain, your State's "permission" to make the subpoena enforceable.

Now, lets look at this matter from a pragmatic point of view. If you don't appear, then the truck driver is going to "get away" from his just punishment and the case against him will be dismissed.

So, you can "stand" on jurisdictional grounds IF your State didn't issue the subpoena, or you can attend voluntarily and see to it that Justice is served. Your choice.

IAAL
 
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mathteacher098

Guest
Even if there are 2 other witnesses that stated in the accident report that we were all totally stopped, the driver will get away with no ticket?
 

stephenk

Senior Member
how do you know the other two witnesses are going to show up? What if they are like you and don't really care.

the police report is not evidence.
 

You Are Guilty

Senior Member
I find it hard to believe that PA ADAs don't know what an open commission or letter rogattory is. At least I hope they do. Yikes.
 

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