I am new at this, so not quite sure how it goes. I guess i will just break out in song and let you know my question...My husband is a local police officer for the town that we live in. He arrested two males hauling a semi truckload of pot about a year ago. The case was dropped due to someone allegedly not fingerprinting the evidence. We went outside on friday and there was a subpoena on our windshield, no envelope, that i suppose had been sent or faxed to the p.d. and the asst. cheif left it on our windsheild. The trial i am guessing is for the "main man" that these men were delivering to, my husband never had any contact with him. So the trial is in federal court. We live in Arkansas, it is in New Mexico, over 1400 miles round trip. Is this legal?? Can they give him 9 days notice (yes NINE DAYS! ? Can they make him show up to that state?? Also, he has to worry about getting out of it the right way, due to his job. I need to know the stipulations...he does not want to go!
2007-08-06 17:06:56 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If your husband has a subpoena to Federal court received in the course of his duties as a police officer, then either the feds should be footing the bill, or his department should be.
He should also get paid for his time spent in court and while traveling to and from. He needs to have a conversation with both the US Attorney who is prosecuting the case (who presumably sent the subpoena) and the administration of his department.
There is no circumstance that I can see where the financial costs of the trip should be paid by him.
2007-08-06 18:12:57 · answer #1 · answered by Citicop 7 · 1⤊ 0⤋
What aren't you telling us? why would a police officer have to worry about testifying? why would a subpoena be left on a windshield and not served at his office?
Yes its legal, the power of the subpoena IS the legal system, without it, the whole system falls apart. If the court appearance is a result of his police duties, he must be compensated by the department that employed him at the time of the incident, or the court itself. Most states have a mileage, food and lodging reimbursement fund.
2007-08-07 00:31:01 · answer #2 · answered by Reston 3 · 3⤊ 0⤋
Unfortunately, he has to go. There is no way out of it.
The good news is that because he has been called to testify by subpoena, his travel, lodging and per diem will be covered by the department he worked for when he made the arrest.
Have him contact his commanding officer and arrange for the trip.
Good luck.
2007-08-07 01:00:23 · answer #3 · answered by ken erestu 6 · 0⤊ 0⤋
He does have to testify, but he may be able to petition the court (in writing, by mail) for a change of venue and get the trial shifted to a federal court in Arkansas. If he wants to do this, he should see a lawyer FAST.
2007-08-07 00:12:35 · answer #4 · answered by Anonymous · 1⤊ 1⤋
The federal government can do whatever it is they like including requiring you show up at court and not doing so can land you in jail.
2007-08-07 00:10:43 · answer #5 · answered by summermoondancer2004 3 · 0⤊ 3⤋
ffuck it. Don't go. Your husband will just have to stay out of Ar which is probably a good thing because it sucks. Tell the judge to suck it because you won't stand for the prosecution of people who commited no moral crime. They had pot that they wanted to sell to people who wanted pot. I see no moral delima. I see no crime. I bet everyone hates your husband and it is because cops arrest people for not doing anything morally wrong.
2007-08-07 00:12:57 · answer #6 · answered by Anonymous · 0⤊ 7⤋