Getting Subpoenaed?

[Cory]

I made a statement to a Sheriff deputies about something I saw. Nothing major, some neighbor domestic violence stuff. At this point it's been awhile and the finer details aren't in the memory bank real great.

A detective is now badgering me to meet with him. We've had some trouble with our schedules not lining up. Basically I wanted to get our meeting out of the way, and he refused to meet me tonight after I got out of work. I told him if we couldn't do it tonight I'd rather not do it at this point. Then, he called me to chew me out and yell at me. I told him I'm trying to work with him, but he just yelled at me and said "Fine I'll just subpoena you!" Speaking the whole time like I'm a subordinate of his. They asked me to make a witness statement about something I had seen weeks ago, and then followed up on my statement a week or more later. I'm trying to help them out, and get chewed out on the phone because the cop doesn't want to meet me after work? Classy guy.

I understand that if I'm subpoenaed I'm going to court. Not sure that will be a real help to anyone at this point, but if I get told by a court that I have to go I'm going. I'm not risking fines/jail whatever. But I do have a few questions for those who know better than me:

-This detective can't just snap his fingers and create a subpoena right? Doesn't a Judge or DA or someone have to subpoena?
-Are they going to be pissed when I show up and don't have much to offer?
-Do I need a lawyer?

I'm not looking to have anyone pissed off at me for witnessing against them, or for not really knowing the whole back story of what happened, or for not remembering it all. I'm an honest to goodness regular guy with a tickets from like 5 years ago and nothing else.

Anyone been though anything similar or have any advice?

-Cory

[TC215]

-This detective can't just snap his fingers and create a subpoena right? Doesn't a Judge or DA or someone have to subpoena?
-Are they going to be pissed when I show up and don't have much to offer?
-Do I need a lawyer?

- There are different types of subpoenas, and who can get them will vary by jurisdiction.

- All you can tell is what you know.

- Only you can decide if you need an attorney. I've never seen an innocent by-stander/witness need an attorney, but whenever I have one start talking about needing an attorney, I figure there's something more to the story, or they're just ignorant of the justice system. Sounds like you're the latter (that's not meant to be derogatory or an insult).

[Cory]

- There are different types of subpoenas, and who can get them will vary by jurisdiction.

- All you can tell is what you know.

- Only you can decide if you need an attorney. I've never seen an innocent by-stander/witness need an attorney, but whenever I have one start talking about needing an attorney, I figure there's something more to the story, or they're just ignorant of the justice system. Sounds like you're the latter (that's not meant to be derogatory or an insult).

I'm definitely ignorant of the justice system. Zero offense taken. The other reason I wondered about a lawyer is googling subpoena results in a long list of folks suggesting you get a lawyer. Between that and having some detective yelling at me on the phone (reminded me a lot of SNCOs bitching out young privates) like I'm a perp instead of a guy trying to help out, I wondered if it would be prudent. But I'm kind of broke.

-Cory

[TC215]

I'm sure there are times that it might be wise to consult with an attorney after receiving a subpoena, but I can't imagine needing one as an uninvolved witness to a domestic.

(insert disclaimer about not being qualified to give real legal advice here)

[BehindBlueI's]

You can be subpoena'd for a deposition or for court. Police don't issue them, but I've never been turned down when I asked for one to be issued.

If it's a domestic, odds are the couple is back in love already and the case is dying on the vine. Some go to trial, but not a lot.

[Cory]

You can be subpoena'd for a deposition or for court. Police don't issue them, but I've never been turned down when I asked for one to be issued.

If it's a domestic, odds are the couple is back in love already and the case is dying on the vine. Some go to trial, but not a lot.

I'm sure that's not the case. His truck isn't there anymore. As far as if it goes to court or not I haven't a clue. I guess it's a wait and see game.

I just honestly don't want to deal with this detective anymore. I've tried to work with him, but he's been a real ass. If I didn't already have so much positive experience with cops I would certainly look at them negatively now. I think worst case scenario for me is being subpoenaed to a meeting (that's what a deposition is right?) with the asshole detective. I'll answer questions, but I'm not playing pissing contest games with him and I'm not jumping to his every command. Especially when I'm just trying to do the right thing.

-Cory

[BehindBlueI's]

I think worst case scenario for me is being subpoenaed to a meeting (that's what a deposition is right?) with the asshole detective.

It's sort of a meeting, but it's also a recorded legal proceeding with specific rules. The prosecutor* is most likely the one who will ask you questions in the depo, detective may or may not be present. I don't go unless the prosecutor asks me to, and they seldom do. They already have my case file and know what needs to be asked.

*or defense, or both, depending

[Flamingo]

Find out his SGTs name and give him a call and let him know about the difficulties you have had with his detective. Worse case let the the Internal Affairs or Office of Professional Accountability (what ever the department calls it) know that the detective is treating you poorly. If he yells at you, he is probably treating other witnesses poorly.

[Trooper224]

That's the chance you take when you get involved. The legal system grinds exceedingly slow for everyone, that's just the reality.

If you were willing to make the statement you need to be willing to make allowances to your schedule in order to engage in the process. It doesn't necessarily happen at your leisure. If you can't/won't do that, then mind your own business and don't waste everyone's time. (not saying you are, but you get my drift) The detective just might have other things going on too, like fighting crime and stuff. People typically demand swift justice, but don't want to follow through when that doesn't happen. Crime isn't convenient and neither is fighting it.

If the detective was truly an ass, (and that's your perspective so I'm not going to pass judgement there) make a complaint with the department rather than bitching in cyberspace. "I told him if we couldn't do it tonight I'd rather not do it at this point." Yeah, that engenders cooperation. At that point you're wasting his time he could be using to do stuff like, oh, fight crime and shit. If I sound like I'm being harsh I am, just a bit. You're relating your side of the interaction. I've seen, and been involved, in too many incidents where a single perspective simply isn't accurate. So, I'm not willing to pile on the detective and assume he's being the ass you claim. You're the one whining in cyberspace. (just sayin')

Yes, you can be subpoenaed as a witness. No, you shouldn't need an attorney if you're just an uninvolved bystander. If there's more you're not telling us (and there often is) then you may need to think about retaining one.

If subpoenaed, simply show up and tell what you saw, if you don't remember say exactly that. It really isn't complicated. That's all you can do. Chances are, it won't go the distance anyway.

[LtDave]

If he just wants to talk, why can’t ask his questions over the phone? Perhaps he has a photo line up or something else he wants you to look at. Sounds like he can’t get any OT or is too “busy” to adjust his schedule to meet later in the day. Maybe his agency has a policy of only doing face to face interviews? Talk to a supervisor.

Where I worked, subpoenas were issued by the District Attorney only after a criminal case had been filed and court proceedings were imminent. We almost never used grand jury subpoenas to compell testimony. They are a mainstay in Federal investigations. Your locale may be different.

[NEPAKevin]

If subpoenaed, simply show up and tell what you saw, if you don't remember say exactly that. It really isn't complicated. That's all you can do. Chances are, it won't go the distance anyway.

Truth. Due to the misfortune of having been the person who released the cars or belongings from vehicles we towed that tuned out to be involved with druggies, I have been subpoenaed three times by the same detective. All involved my taking time off from work and sitting outside a court room to be told that the case was either continued or plead out. The last time was for federal court and I sat all day in a waiting room with a couple township patrolmen and later another witness. The cop I knew said that this happens all the time and probably the only reason he had all of us there was for a dog and pony show to call the defense attorney's bluff.

[LSP552]

Truth. Due to the misfortune of having been the person who released the cars or belongings from vehicles we towed that tuned out to be involved with druggies, I have been subpoenaed three times by the same detective. All involved my taking time off from work and sitting outside a court room to be told that the case was either continued or plead out. The last time was for federal court and I sat all day in a waiting room with a couple township patrolmen and later another witness. The cop I knew said that this happens all the time and probably the only reason he had all of us there was for a dog and pony show to call the defense attorney's bluff.

And it you hadn’t been there the Defense would have tried to get the case dismissed. It’s a negotiation from a position of power thingy sometimes.

[ssb]

And it you hadn’t been there the Defense would have tried to get the case dismissed. It’s a negotiation from a position of power thingy sometimes.

Unfortunately true. They'll also deliberately drag their feet once they know witnesses are present, as some sort of half-assed punishment for us having the audacity to prosecute their client. As a prosecutor that game pisses me the fuck off. I tend to tell my officers to just keep their phones on them and I'll shoot them a text when I have a realistic idea of when they'll be needed. It cuts the sitting-around-waiting-for-them-to-plead time down from eight hours wasted to three or four.

A few months back we got several citizen victims into court for a particular case. The judge stated court was closing early due to the weather. The attorney got up and said he wasn't quite ready for the hearing, pranced around for a while with the warrant, released his clients for lunch (the judge wasn't taking a lunch that day), and then had his clients return about ten minutes before the judge's stated closing time.

[pangloss]

I'd give the detective several times when it would be convenient for you to meet. If none of those times work, then I would do whatever I had to to accommodate the detective. I understand that he's not a pleasant fellow, but helping to get justice for a domestice violence victim should be the top priority here. I have two daughters and if they are ever victims of destic violence, I would hope their neighbor would help however is reasonable.

Sent from my Moto G Play using Tapatalk

[Hambo]

There are two sides to everything. You think the detective is being a dick (what else would he be?-cop pun). He probably thinks you're an asshole who won't cooperate. He deals with them every single day. Make a little time and talk to him. Unless there is more to this story it won't take long.

What's in it for you? Well, first, part of being a good citizen is actually doing your part. For most that will be jury duty, but in your case you witnessed a crime and you should do what it takes to be a good witness. It's just a part of what makes us not savages. The other part is this. Someday, maybe you will be the one under scrutiny even if you did a lawful thing. It would be much better if cops thought of you as a good citizen than that asshole who tanked their case.

[DC_P]

What's in it for you? Well, first, part of being a good citizen is actually doing your part.

And what if you or one of your loved ones were the victim of the offense that you witnessed? Would you want someone who could help that case to not want to be bothered to take the time?

See signature below.

[NEPAKevin]

There are two sides to everything.

I heard there were three.

First party's, second party's and the truth. :)

[Hambo]

I heard there were three.

First party's, second party's and the video. :)

FIFY

[willie]

If the detective didn't talk shit to witnesses, he might better accomplish tasks. He then would be more effective. Yes. I would meet with him but would point out my objections to his boss.

[LorenzoS]

I hope you do not focus on feelings about the detective's style. If there is a criminal investigation the wrong result means a guilty person gets off, or an innocent person is wrongly convicted. If you have relevant information then it's your responsibility to bring it forward.

[Coyotesfan97]

If you’re a Detective, at least in my Dept., it’s amazingly easy to adjust your schedule to conduct investigations. You need to interview a witness after he gets off work? Sarge I’m starting late tomorrow to interview a witness at 1800.

The only subpoenas I’ve ever “issued” have been for traffic court involving accidents. For civil traffic cases we don’t have prosecutors. The Officer presents his case to the court. If we want a witness to appear we put a request in to the Prosecutor’s Office and they get the subpoena issued.

[Rosco Benson]

Call or meet with the Sheriff and let him know that his detective was rude. The Sheriff is an elected office and I'd wager he would want you telling everyone that the Sheriff lets his employees get away with being rude to witnesses.


Rosco

[Peally]

Probably the 20th time it's been said but that detective sounds like a shithead. Probably worth going over his head so his boss understands that.

[critter]

Personally, I wouldn't report the detective unless the guy threatened me in some way (real threat, not threat of a subpoena, nor even acting like an ass - humans will human). In the grand scheme of things, this would be pretty low on the 'sweat this or not' scale. At the end of the day, he's just another guy trying to get a job done in a stressful environment. You have something he thinks he needs toward that end so he's trying to get it. Perhaps he could have gone about it a different way, but, you have made him wait for it so let that little pin prick of civil disobedience even the karma scale. :cool: