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Missing a court date

Started by lonetrucker · · 👁 3 views · 7 replies

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Participants lonetruckerElizabeth Gomez3Brian Edwards6
lonetrucker lonetrucker NewcomerOP
4 messages
joined Aug 2010
#1 ·
I'm curious about what kind of penalties someone faces if they just don't show up to court. Specifically, I'm talking about witnesses (there are several of them).
Does it actually count as a valid excuse if those witnesses aren't currently at their registered home address?

Also, I want to know who picks up the tab for travel expenses if a witness or the victim lives outside the area where the trial is being held. I heard the government covers those costs—does anyone know how that process actually works?

I also heard that the court (the state) covers per diem costs to make up for lost wages while you're away from work for the legal proceedings.

Does anyone have any insight on this?
I’d really appreciate the help!
Elizabeth Gomez3 Elizabeth Gomez3 Member
15 messages
joined Aug 2010
#2 ·
If a witness fails to show up for court... they’ll simply have them brought in by force.😁
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#3 ·
lonetrucker said:I'm curious about what kind of penalties someone faces if they just don't show up to court. Specifically, I'm talking about witnesses (there are several of them).
Does it actually count as a valid excuse if those witnesses aren't currently at their registered home address?

Also, I want to know who picks up the tab for travel expenses if a witness or the victim lives outside the area where the trial is being held. I heard the government covers those costs—does anyone know how that process actually works?

I also heard that the court (the state) covers per diem costs to make up for lost wages while you're away from work for the legal proceedings.

Does anyone have any insight on this?
I’d really appreciate the help!

It should be explicitly stated in the subpoena itself. I don't have my legal references handy at this moment, but if I recall correctly, you could face fines up to $6667. Don't take my word for it just yet; I'll look it up while I'm at the office and get back to you tomorrow with the exact details.👍

lonetrucker said:I'm curious about what kind of penalties someone faces if they just don't show up to court. Specifically, I'm talking about witnesses (there are several of them).
Does it actually count as a valid excuse if those witnesses aren't currently at their registered home address?

Also, I want to know who picks up the tab for travel expenses if a witness or the victim lives outside the area where the trial is being held. I heard the government covers those costs—does anyone know how that process actually works?

I also heard that the court (the state) covers per diem costs to make up for lost wages while you're away from work for the legal proceedings.

Does anyone have any insight on this?
I’d really appreciate the help!

No, it doesn't.👍

lonetrucker said:I'm curious about what kind of penalties someone faces if they just don't show up to court. Specifically, I'm talking about witnesses (there are several of them).
Does it actually count as a valid excuse if those witnesses aren't currently at their registered home address?

Also, I want to know who picks up the tab for travel expenses if a witness or the victim lives outside the area where the trial is being held. I heard the government covers those costs—does anyone know how that process actually works?

I also heard that the court (the state) covers per diem costs to make up for lost wages while you're away from work for the legal proceedings.

Does anyone have any insight on this?
I’d really appreciate the help!

The court can reimburse all reasonable expenses incurred for traveling to the hearing and testifying; you simply need to request that compensation during the proceeding once you've finished giving your testimony.👍
lonetrucker lonetrucker NewcomerOP
4 messages
joined Aug 2010
#4 ·
Brian Edwards6 said:It should be explicitly stated in the subpoena itself. I don't have my legal references handy at this moment, but if I recall correctly, you could face fines up to $6667. Don't take my word for it just yet; I'll look it up while I'm at the office and get back to you tomorrow with the exact details.👍

No, it doesn't.👍

The court can reimburse all reasonable expenses incurred for traveling to the hearing and testifying; you simply need to request that compensation during the proceeding once you've finished giving your testimony.👍


Thanks, Brian Edwards6, you're a lifesaver!🙂
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#5 ·
lonetrucker said:Thanks, Brian Edwards6, you're a lifesaver!🙂

Don't mention it; just doing my civic duty.👍

I should probably mention one more thing. If it looks like you won't make it to your court date, make sure to call the clerk's office either before or during the hearing to offer an apology. Being proactive about it usually goes a long way with the judge, and it might even give you the chance to reschedule the testimony for a time that actually works for everyone involved.👍
lonetrucker lonetrucker NewcomerOP
4 messages
joined Aug 2010
#6 ·
I’ll definitely be showing up, because I have everything to gain here.
It’s a big deal for me since I’m actually the victim in this situation. Three of us gave our statements to the police during the investigation, and later we even spoke to the detectives. Now, they’re all talking nonsense about how they won't show up to court. But I need those defendants convicted as soon as possible so I can move forward with my private lawsuit and claim damages.

I'm just wondering, though—what happens if the witnesses don't show up to the hearing? Doesn't the whole thing just get postponed indefinitely?
Brian Edwards6 Brian Edwards6 Active Member
112 messages
joined Nov 2015
#7 ·
lonetrucker said:I’ll definitely be showing up, because I have everything to gain here.
It’s a big deal for me since I’m actually the victim in this situation. Three of us gave our statements to the police during the investigation, and later we even spoke to the detectives. Now, they’re all talking nonsense about how they won't show up to court. But I need those defendants convicted as soon as possible so I can move forward with my private lawsuit and claim damages.

I'm just wondering, though—what happens if the witnesses don't show up to the hearing? Doesn't the whole thing just get postponed indefinitely?

Don't sweat it; they'll show up eventually. The real issue isn't whether they'll appear, but rather how painfully slow this whole process is and how many bureaucratic hoops you have to jump through. There isn't much you can do to speed things up personally, aside from maybe filing some formal expedite requests or similar paperwork. If they don't turn up, the court will simply schedule a new hearing date. It doesn't just stall indefinitely; they set a specific new date. The court has the power to subpoena them, order a police escort to bring them in, or even issue a warrant if necessary—if they're found, the court will be notified immediately. There are ways to handle this.👍
lonetrucker lonetrucker NewcomerOP
4 messages
joined Aug 2010
#8 ·
Hey

We’ve got to have some faith in the rule of law. It's really not all doom and gloom out there!🙂

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