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Recieved a subpoena to be a witness

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spiritd

Junior Member
California:

I received a juvenile subpoena today for a case for someone at my shcool. I'm not even sure what it's for and I remember nothing about last year where the evnt took place in one of my classes. I had nothing to do with the case, and yet I was sent a subpoena because I was part of the class? I don't have time, nor do I wish to go and be a witness. A main reason is the guy is trying to pressure me at school to be a witness. My question is: If I refuse to show up or simply say I never received the subpoena, what will happen? I'm 14 years old and just learned about subpoenas actually. I'm not even sure if this subpoena is totally legitimate. Reasons why?
1) It looks like a photocopy
2)Subpoena is spelled incorrectly as "subpena"
3)It says on the back is proof of the service but on the back of the sheet is nothing
4)At the top of my "subpena" it has two numbers, a to and form number, maybe a fax? It also says pg 4/15; there were 15 people in my class
5) I found it lying in my mailbox without an envelope, but there's no hand delivery confirmation on the subpoena.

Please advise me on what to do.

Thank you!
 
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The Occultist

Senior Member
Haha you're right to be hesitant about the validity of the thing as it does sound pretty shady to me. Try calling the court you're being "subpoenaed" to and ask them if they know anything about it. If it does turn out to be real, then you must show up or you will be arrested on Contempt charges.
 

spiritd

Junior Member
Haha you're right to be hesitant about the validity of the thing as it does sound pretty shady to me. Try calling the court you're being "subpoenaed" to and ask them if they know anything about it. If it does turn out to be real, then you must show up or you will be arrested on Contempt charges.
Yea that's an excellent idea! Thanks I didn't think of that...
I would be sent to jail? :S They would send a 14 year old to jail? Wouldn't they rather fine me or something?
 

Ohiogal

Queen Bee
Yea that's an excellent idea! Thanks I didn't think of that...
I would be sent to jail? :S They would send a 14 year old to jail? Wouldn't they rather fine me or something?
Nope. They will send you to jail -- at least juvenile detention. A teenager around here was subpoenaed and he refused to testify -- refused to say anything. The judge sentenced him to three years in prison because the charges had to be dropped -- and that was after telling him he could be sent away for life if he would never testify. Now for a juvenile case you would be looking at being sent to detention for refusal to testify -- until said time you did decide to testify or for a fixed term if the judge decided that route. Don't be stupid.
 

VeronicaLodge

Senior Member
wait, even if it is a real subpoena, although it doesn't sound like it, she was not properly served! how is the court going to find her in contempt and send her to jail when she hasn't been served?
 

CdwJava

Senior Member
My question is: If I refuse to show up or simply say I never received the subpoena, what will happen?
If there is good service on record, then you can be taken into custody and charged with contempt of court. We recently did that here with a VICTIM that failed to heed the subpoena.

I'm 14 years old and just learned about subpoenas actually. I'm not even sure if this subpoena is totally legitimate. Reasons why?
1) It looks like a photocopy
You don't think you're getting the original, do you?

2)Subpoena is spelled incorrectly as "subpena"
From Nolo.com:

subpena

The modern spelling of subpoena. A subpena is a court order issued at the request of a party requiring a witness to appear in court.​
3)It says on the back is proof of the service but on the back of the sheet is nothing
That's because the OTHER copy also had the proof of service on the back and that copy was the one completed and returned to the court.

4)At the top of my "subpena" it has two numbers, a to and form number, maybe a fax? It also says pg 4/15; there were 15 people in my class
There may have been faxed copies to the local police or a process server, I suppose.

5) I found it lying in my mailbox without an envelope, but there's no hand delivery confirmation on the subpoena.
That is not going to be good service unless your parents were personally served as well.

Please advise me on what to do.
Talk to your parents. Do NOT just fail to show up. Even though the service might be bad, you might end up getting arrested before it is sorted out.

The only way to get OUT of a subpoena is to have it quashed. That would mean hiring an attorney to do this. Otherwise, they can always re-issue it. Your best bet would be for your parents to call and speak to the agency issuing the subpoena (the DA or the defense attorney) and have them speak to the person advising why you do not want to go.

You cannot just ignore it .. unless you like playing Russian roulette with your freedom.

- Carl
 

CdwJava

Senior Member
Good info, Carl! Had no idea about the court spelling of "subpena"! :)
Years ago I made the same comment when I noticed it on a subpoena from the court ... I had to look it up before i sounded foolish.

In the three counties where I have worked, two spelled it with the modren spelling, and one with the classical Latin.

I'm partial to Latin as opposed to modern b astardizations, myself.

- Carl
 

>Charlotte<

Lurker
I don't have time, nor do I wish to go and be a witness.
I can understand your not wanting to go, but once you've answered "No sir, I don't remember" a few times, I would think that neither side will have much use for you and you'll be done.

Also, either nobody else noticed it or it doesn't have the significance I think it does, but when you say "the guy" is pressuring you, do you mean the plaintiff or the defendant? My question for the lawyers is: that's not good, right?
 
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CdwJava

Senior Member
If you do not go and testify truthfully as to what was seen, you better hope that someone like you is not a witness to a crime where YOU are the victim. You can either make a difference, or hide your head in the sand ... but, while you might be a witness today, statistically you will one day be a victim - hope that your witnesses are made of firmer stuff.

If no one got involved, no crimes could be resolved and we would have anarchy and vigilante justice.

- Carl
 

>Charlotte<

Lurker
After what Carl said I would like to clarify, OP, I'm taking for granted that what you said in your initial post--that you don't remember anything--is the truth. By all means, don't even think about being anything but absolutely truthful. Don't forget that someone else's testimony may indicate that you do, in fact, have some knowledge of the event.
 

spiritd

Junior Member
No I was being truthful, that's why i think it's stupid how they have called me into this. I didn't even know what happened until he told me, I had to ask him what happened and what he said to the teacher. If I do go, I will answer truthfully, but unfortunately they wont get much out of me except a commute bill.
 

Ohiogal

Queen Bee
"Until he told me" -- does "he" refer to the defendant? Oh man. If he committed a crime and you knew about it based on the defendant telling you, you need an attorney. Especially if you did not report it.
 

You Are Guilty

Senior Member
"Until he told me" -- does "he" refer to the defendant? Oh man. If he committed a crime and you knew about it based on the defendant telling you, you need an attorney. Especially if you did not report it.
OG, I normally agree with you, but your last two posts seem to be nothing but unfair scare tactics. So I'll give you the benefit of the doubt and ask what your basis is for implying that a student has some (legal) duty to report statements of another's crime or face criminal sanctions of their own?


PS: I just killed the last Snickers bar in my office. Now you have to report it. :p
 

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