My husband was just subpoena'd today for next Monday when we're on vacation. We're leaving in 2 days.
The vacation cost us $6,000 & we've been planning for it all year.
How can they give you only 1 week's notice for this sort of thing?
His is the victim in this crime as a scam artist was using his business name to do business, picking up a deposit payment never to return.
The cops caught him in a sting with one of his "customers". He's also done this with other companies. My husband has a partner, but he was also subpoena'd & they want them both.
I told him to ask the judge/D.A. to postpone/excuse him from the hearing due to the vacation.
Yet he's telling me the D.A. told him he HAS to go.
Any advice as to what to do? Can they really do this? We're the victim here and we have to miss out on our vacation?? It's a non-refundable kind with a special group, so it's not like we can do it another week.
Please help!
Signed, stressed out with 2 days to go!
2007-01-29 08:40:57 · 5 answers · asked by Genie♥Angel 5 in Politics & Government ➔ Law Enforcement & Police
"Should you fail to personally appear as the subpoena orders, and you are not excused, you may be found in contempt of court, meaning that you have disobeyed the court. The court may punish you..."
"If it will be impossible or extremely difficult for you to appear at the time required by a subpoena, telephone the attorney for the party at whose request the subpoena was issued. Usually the attorney's name, address, and phone number will appear on the subpoena. Explain the problem to him or her. The attorney may be able to postpone the deposition or to arrange the presentation of evidence in the trial so as to permit your testifying at a later time or on a later date."
So your option is to simultaneously explore getting excused by the court or rescheduled through the proper attorney.
Another option to explore is whether or not you can use your trip receipts as evidence for damages or court costs.
2007-01-29 09:05:07 · answer #1 · answered by groovepulse 2 · 0⤊ 0⤋
you're mendacity. Police only do no longer behave as you describe. a real criminal specialist ought to now no longer recent a provide as a lot as your case because of the very actuality, there is no longer some thing to renounce for until eventually eventually expenses have actually been filed. Your tale is about as maximum in all probability because the officer arresting you formerly than there's a criticism.
2016-10-16 06:39:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
sorry a subpoena is a court issued document. Sad part is when he shows up, he still may not be called, it may be continued, etc. However he is under FULL obligation to appear.
2007-01-29 08:49:13 · answer #3 · answered by Mickey 6 · 0⤊ 0⤋
Dear Stressed... Unfortunately you have no alternative or recourse. Either show up or an FTA warrant will be issued.
No wiggle room on subpoenas...
2007-01-29 08:48:46 · answer #4 · answered by Gunny T 6 · 0⤊ 1⤋
Your husband needs to contact the office of the district attorney or prosecutor to let them know and to see if they can excuse him from the subpeona or if they can/will file a continuance.
2007-01-29 10:22:33 · answer #5 · answered by Mama Pastafarian 7 · 0⤊ 1⤋