burglery of a dwelling

[nixxon]

What is the name of your state? Florida.

I was in an apartment and it was broken into. I filed a report with the Police and stated the items that were taken. Now 6 months later I received a letter telling me that I need to apear in court as a whitness. I only had a few item like DVD's stolen and would not have even filed a report if my roommate did not do so as well. She also had item stolen from her. Is there anyway I can get out of going to court? Is it possiable for me to drop the charges? Honestly, those items have been replaced and I dont even remember all that was taken.

The second part of this is that the person acused of the robbery is known to be vary violent and I am worried that if I do press charges and apear in court that something "might" happen to my family or me. what are my options?

 

[garrula lingua]

You probably received a subpoena to appear in court.
As long as service was correct, the court can issue a bench warrant if you fail to appear.

Go to court. Cooperate with the Prosecution - give them all the info you have. They can issue a protective order for you (many times, you're safer to testify - the defendant will stay away as the spotlight is on him).

The case will probably settle before trial. But, you should cooperate, or you may have a worse, separate problem if a warrant/body attachment is issued for your failure to appear.

Just appear; tell the truth whenever you're asked for info.

 

[calatty]

It's not about your DVDs, it's about someone entering a structure to do evil. It is dangerous and it violates people's rights. You should show up and testify, and not let him slide. No one is going to seek vengeance. Criminals generally have few friends because they alienate everyone who cares about them.

 

[fairisfair]

you don't get to choose whether or not to press charges, the prosecutor does.

Are you more afraid of a violent burglar in jail, or in your neighborhood??


Do the right thing, show up and tell the truth.

 

[nixxon]

not just about the DVD's

The issues is that I dont want to goto court. Its almost impossiable to get off of work due to my job. I am an administrator at an Elementary school and the "Court date" is the first day of school. I know it sounds dumb but not being there is a major problem. the second thing is this you dont get paid to go to court. i get pay with held for going ($214 per day) its for 3 days thats a lot of money.

now on the other side of this, he has stated to others that if he is going to jail he is not going for a small crime. If he is going down its going to in the news. So the feeling for danger I get makes it not worth pressing charges. I called the DA and was told that I had to "deal wit it". At this point with all the cons I see its easier to let him go and let the other person press charges. They lost a lot more than I did.

 

[garrula lingua]

You're missing the point:
You have no choice, but to appear in court. You are now under the requirement of the Court that you appear - you can (& the DA can see to it, you will) be thrown in jail for not appearing after you have been subpoened.

Even if the DA wanted to excuse you, the DA doesn't have the power - you are under a court's order to appear.

Think of it this way - you think you can mess up that Judge's calendar & possibly ruin a criminal case on which many people (detectives, court staff, attys) have worked hard ?
Sure you can, but you may have to pay the price.

hmmm three days (it's probably one day) with less pay, or a week in jail ... hmmm

 

[CdwJava]

The issues is that I dont want to goto court. Its almost impossiable to get off of work due to my job. I am an administrator at an Elementary school and the "Court date" is the first day of school. I know it sounds dumb but not being there is a major problem. the second thing is this you dont get paid to go to court. i get pay with held for going ($214 per day) its for 3 days thats a lot of money.

Having worked in the school system for many years, and having a wife that does so now, I do not believe that you have no options for Admin leave or other compensated time off to attend court pursuant to a subpoena. If you have no option but to take an unpaid day, then you seriously need to go back and re-negotiate your contract.

As you have been told, if you have been subpoenaed you have no choice but to show. You can contact the parety that had you served and advise them of the inconvenience and, perhaps, they can schedule you for the next day or another day in the trial. But, they are under no obligation to do so and chances are they won't. You can ask, but, just in case, let the powers-that-be know you very likely can not be in to work that day.

- Carl

 

[nixxon]

I understand

I understand and thank everyone for their advice. I am just concerned for my family's safety and the kids I work with. Its just frustrating that they first can not give me a solid date that the trial will be just a possiable date. When I asked for a date so I can plan around it they said I would have 24hrs notice. Honesty, I dont think thats fair for them to do and I think thats what bothers me more than anything. They just expect me to up and change everything for them. Yet, when I ask for they to change the time frame they cant. I even gave them a time frame for two weeks that I would be able to do it just not the first 3 days of school. Again thanks for your help.

 

[garrula lingua]

Maybe it would help you if you understood there are time restraints set by law and also by the Judge's calendar.
The attys frequently have no control over when the trial begins. We all dance to the Judge's tune - it's his/her court.