#1 ·
I have a question here, and if anyone actually knows the answer, please let me know...
Can the defendant also serve as a witness in a misdemeanor case?
Here is the situation. I was convicted under a statute regarding disturbing the peace. Basically, I got into a verbal altercation with my neighbor, but I was actually trying to step in and physically prevent a fight between him and someone else. The judge didn't seem to grasp that I was actually de-escalating a much bigger problem, and he handed down a ruling without even hearing from any witnesses. Since I was traveling outside the US at the time, my mom just went ahead and paid the fine for me, which obviously counts as an admission of guilt.
It’s been two years now. Now, that same neighbor—the one who started the whole mess—is appealing the verdict because he also got hit with a fine.
I just received a summons for a hearing to testify as a witness (likely so I can clarify what happened). In the top right corner of the notice, it lists both me and the defendant as parties involved, presumably because the fine was already paid.
I really just want to close this chapter and move on. I don't want to be explaining to my boss why I'm heading to court. Is there any way I can get out of testifying? How is it possible for the defendant to be a witness at the same time?
To clarify, there are three defendants: me, another person, and the neighbor. That other person and I already paid our fines, but since the neighbor hasn't, he appealed. Now, after two years, we’ve all been called back to court because of his appeal.
If I had been in the States when this first happened, I would have appealed too. It feels wrong that the person stepping in to break up a fight gets slapped with a misdemeanor charge themselves, especially when the judge issues a ruling without listening to the actual witnesses. And now, they want me to show up as a witness.
Please help. What can I write to the judge to request that I be excused from testifying?
Thanks.
Can the defendant also serve as a witness in a misdemeanor case?
Here is the situation. I was convicted under a statute regarding disturbing the peace. Basically, I got into a verbal altercation with my neighbor, but I was actually trying to step in and physically prevent a fight between him and someone else. The judge didn't seem to grasp that I was actually de-escalating a much bigger problem, and he handed down a ruling without even hearing from any witnesses. Since I was traveling outside the US at the time, my mom just went ahead and paid the fine for me, which obviously counts as an admission of guilt.
It’s been two years now. Now, that same neighbor—the one who started the whole mess—is appealing the verdict because he also got hit with a fine.
I just received a summons for a hearing to testify as a witness (likely so I can clarify what happened). In the top right corner of the notice, it lists both me and the defendant as parties involved, presumably because the fine was already paid.
I really just want to close this chapter and move on. I don't want to be explaining to my boss why I'm heading to court. Is there any way I can get out of testifying? How is it possible for the defendant to be a witness at the same time?
To clarify, there are three defendants: me, another person, and the neighbor. That other person and I already paid our fines, but since the neighbor hasn't, he appealed. Now, after two years, we’ve all been called back to court because of his appeal.
If I had been in the States when this first happened, I would have appealed too. It feels wrong that the person stepping in to break up a fight gets slapped with a misdemeanor charge themselves, especially when the judge issues a ruling without listening to the actual witnesses. And now, they want me to show up as a witness.
Please help. What can I write to the judge to request that I be excused from testifying?
Thanks.