Served with a subpoena to appear in Iowa

[FP]

I was in a car accident in Iowa while visiting some relatives about 3 months ago. I was clearly not at fault; I was waiting at a stop light when a driver came speeding through a red light and collided with our car.

The car was my aunt's and the cops came and did the whole write up etc. I didn't think anything of it at the time and my aunt dealt with the insurance companies since she lives there.

Well today I received a subpoena to appear in court in Iowa in a month for a criminal case against the driver. It doesn't say what for other than a criminal case.

My question for all of the law folks on ATOT... If I do end up needing to go to Iowa, who pays for my travel expenses and lost wages? This case is not civil and I have nothing to do with pressing any of the criminal charges. I really don't want to have to go to Iowa again.

I realize these questions will probably be answered Monday when I call the courthouse but I wanted to get some info before I call.

 

[CrackRabbit]

I couldn't tell you if you would have to go, but that would suck if you do.

 

[compuwiz1]

Write and request to appear by mail or internet, or better yet, call.

 

[Raincity]

Call the DA and say your taking the fith if they put you on the stand.

 

[mugs]

Damn, CA to IA! That sucks.

 

[sygyzy]

Originally posted by: compuwiz1
Write and request to appear by mail or internet, or better yet, call.

Appear by mail or internet! Freakin' awesome!

 

[compuwiz1]

Originally posted by: sygyzy

Originally posted by: compuwiz1
Write and request to appear by mail or internet, or better yet, call.

Appear by mail or internet! Freakin' awesome!

I've actually gottten permission to appear by mail before. I just had to send a sworn statement of my testimony, notarized, and by certified mail.

 

[RCN]

You shouldn't have any problems calling the prosecutors office and getting out of it. I did the same when when I was in an accident in another atate and the asshat requested a jury trial (left turn in other thread)

 

[flxnimprtmscl]

That's what you get for going to Iowa. There's no reason to go to Iowa. Ever.

Seriously, though, that's a pretty bad deal. Hope you're able to get out of it. Good luck.

 

[allisolm]

If they need to depose you, that can be done by videoconference.

 

[classy]

You have to go. Subpoenas are not options.

 

[ebaycj]

Originally posted by: flxnimprtmscl
That's what you get for going to Iowa. There's no reason to go to Iowa. Ever.

Seriously, though, that's a pretty bad deal. Hope you're able to get out of it. Good luck.

Wrong. Iowa City is the shiggidy-shiznit of college towns. Going there is the only reason to go to the state of Iowa.

 

[classy]

A lot depends on the seriousness of the charge as well. If you were the only one in the car, then no doubt you'll probably end up taking a trip.

Edit: Don't hold me to this, but I think in a criminal trial you have to be physically present.

 

[rocadelpunk]

Originally posted by: classy
You have to go. Subpoenas are not options.

he's right, dog the bounty hunter will come after you.

 

[Toasthead]

Originally posted by: compuwiz1
Write and request to appear by mail or internet, or better yet, call.

yeah im sure they could take some sort of written deposition (sp??)

 

[ModerateRepZero]

In the event that you are required to appear, it is possible that it might be due to the fact that written depositions do not allow for cross-examination.

It is also possible that you're needed not because of the car accident involving you, but because of another car accident case involving the other driver (perhaps an attorney wants your testimony to show a pattern of careless driving?).

I should mention that I'm not well-versed in legal matters, but this is my best guess

 

[DrumminBoy]

Originally posted by: ebaycj

Originally posted by: flxnimprtmscl
That's what you get for going to Iowa. There's no reason to go to Iowa. Ever.

Seriously, though, that's a pretty bad deal. Hope you're able to get out of it. Good luck.

Wrong. Iowa City is the shiggidy-shiznit of college towns. Going there is the only reason to go to the state of Iowa.

spoco :beer::thumbsup:

 

[allisolm]

Originally posted by: ModerateRepZero
In the event that you are required to appear, it is possible that it might be due to the fact that written depositions do not allow for cross-examination.

Videoconferenced ones do. I set those up all the time.

 

[preslove]

Originally posted by: allisolm

Originally posted by: ModerateRepZero
In the event that you are required to appear, it is possible that it might be due to the fact that written depositions do not allow for cross-examination.

Videoconferenced ones do. I set those up all the time.

Winnar! I'm sure the DA would rather pay for this than your travelling expenses.

 

[zanieladie]

Originally posted by: rocadelpunk

Originally posted by: classy
You have to go. Subpoenas are not options.

he's right, dog the bounty hunter will come after you.

LOL. Maybe we will see you on TV!

 

[DevilsAdvocate]

Talk to a lawyer in your area and say the words "Motion to quash subpoena."

That just might be your way out. But what do I know.

Of course, I'm not licensed as a lawyer in CA or IA, and I am not qualified to render advice on the laws of those states. Please seek competent counsel in your area. This does not constitute legal advice, nor does this post create an attorney-clietn relationship.

 

[GeekDrew]

Originally posted by: DevilsAdvocate
Of course, I'm not licensed as a lawyer in CA or IA, and I am not qualified to render advice on the laws of those states. Please seek competent counsel in your area. This does not constitute legal advice, nor does this post create an attorney-clietn relationship.

You ought to make that your signature.

 

[DevilsAdvocate]

Originally posted by: GeekDrew

Originally posted by: DevilsAdvocate
Of course, I'm not licensed as a lawyer in CA or IA, and I am not qualified to render advice on the laws of those states. Please seek competent counsel in your area. This does not constitute legal advice, nor does this post create an attorney-clietn relationship.

You ought to make that your signature.

I type it enough... you are probably right.

 

[FP]

Originally posted by: DevilsAdvocate
Talk to a lawyer in your area and say the words "Motion to quash subpoena."

That just might be your way out. But what do I know.

Of course, I'm not licensed as a lawyer in CA or IA, and I am not qualified to render advice on the laws of those states. Please seek competent counsel in your area. This does not constitute legal advice, nor does this post create an attorney-clietn relationship.

Wow, Thanks Devils...

I talked to the DA in Iowa and she said I don't need to worry about it. I do not need to appear at all. She said they sent those out to anyone who had been involved in the accident. She didn't realize I was in CA.

I asked if I could get some written confirmation of my release and she said they didn't normally do that and that I don't need to worry about anything.

Should I call them back and ask for written release? I don't want to end up with Dog on my ass

 

[DevilsAdvocate]

Originally posted by: binister

Originally posted by: DevilsAdvocate
Talk to a lawyer in your area and say the words "Motion to quash subpoena."

That just might be your way out. But what do I know.

Of course, I'm not licensed as a lawyer in CA or IA, and I am not qualified to render advice on the laws of those states. Please seek competent counsel in your area. This does not constitute legal advice, nor does this post create an attorney-clietn relationship.

Wow, Thanks Devils...

I talked to the DA in Iowa and she said I don't need to worry about it. I do not need to appear at all. She said they sent those out to anyone who had been involved in the accident. She didn't realize I was in CA.

I asked if I could get some written confirmation of my release and she said they didn't normally do that and that I don't need to worry about anything.

Should I call them back and ask for written release? I don't want to end up with Dog on my ass

I'd still call a lawyer. You'd hate to have a warrant for your arrest for failure to appear.