In Canada, once you are served with a summons or a subpoena to attend court, you must attend, no matter what the notice. If you do not, you can be charged, however there probably are not going to be any prosecutors that will lay charges if you were given 1 hour's notice and couldn't make it (say if you live more than one hour away or couldn't find a babysitter for your 5 small kids).
We try to serve our notices asap but sometimes the prosecutor will suddenly decide they need someone as a witness in the middle of a trial and will try to get someone in court with very little notice.
2007-03-26 02:29:28
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answer #1
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answered by joeanonymous 6
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depends on the type of case, publicity surrounding the case, and the individual prosecutor. The prosecutor is the one who calls you to be a witness before the court by using a court subpoena. If you are subpoenaed, you MUST report to the court. Not showing up is contempt of court and the judge can issue a bench warrant - however, this is rare to do for a witness, unless you are the only witness to a grevious crime (forcible felony).
To give you perspective, I witnessed a bad car accident last year...the guy who caused the accident was arrested for DUI. I was sent a subpoena in the mail almost 6 weeks before the trial. However, I gave the police my name/address at the scene of the accident, so they knew who I was and how to contact me. If you were a witness to a crime and the police already have your info, it will have already been passed to the prosecutor. If the prosecutor has to make the effort to find you, it may take him/her up until the court date to locate you, thereby giving them far less time to notify and prepare you for the trial.
2007-03-26 08:35:47
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answer #2
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answered by ArmyAIRBORNE1 1
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I'm answering from Ireland, but here it's usual to write to a witness, telling them what time they have to be in court. It's a registered letter, so the court has proof of receipt. So a few days at least, and more often weeks. But it depends on the case, and if the defendent pleads guilty at the last minute etc.
2007-03-26 07:37:02
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answer #3
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answered by lilly 2
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It is up to the courts to subpoena witnesses. Don't blame law enforcement for the court's actions.
2007-03-26 08:32:52
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answer #4
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answered by Anonymous
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Actually they can. But the regular police wouldn't do it. A bailiff from the court under a judge's order can do it at anytime he decides. They direct the bailiff to "go get you" who in turn call one of the street deputies who be actually delivering you.
2007-03-26 08:00:07
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answer #5
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answered by dude0795 4
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cops can not force you to testify, only a court order/ IE subpoena from the court can require you to show up at court that day, USA law
2007-03-26 09:46:34
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answer #6
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answered by goz1111 7
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It is the job of the DA's office to inform you, NOT the police. The DA's office usually informs you about a week before the trial date.
2007-03-26 10:11:42
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answer #7
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answered by WC 7
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You will be issued a subpoena - this document will state the day and time you are to appear.
2007-03-26 10:13:45
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answer #8
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answered by Anonymous
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They can do anything but remember this, you can do anything as well. Take the fifth and refuse to bear witness.
2007-03-26 07:14:28
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answer #9
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answered by Anonymous
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none
2007-03-27 03:49:43
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answer #10
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answered by Anonymous
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