I've been subpoenaed for Jan 25th...my ship leaves Jan 23rd!

[ricko19]

This isn't a "woe is me" posting, just hoping for all of your positive thoughts about this situation!

I'm a witness, not a criminal, I promise!

The court date is Jan 25th. We are supposed to be on the Ecstasy the 23rd-28th.

I'm waiting to hear back from the prosecutors office. There is a chance it won't even go to trial or they will ask for a continuance....but until I know for sure it'll be nail biting non-stop!

And YES, of COURSE I have trip insurance and it is covered!

I always try and maintain a "$Tuff Happens" attitude when it comes to cruising, Host Mach will remember that from my Conquest cruise 2 years ago that was late getting back due to fog and everyone and their mother missed their flights including us.

I just hope that it doesn't come to that and things will happen as planned.

Anyone else dealt with this before?

[BBigfoot613]

Originally Posted by ricko19

This isn't a "woe is me" posting, just hoping for all of your positive thoughts about this situation!

I'm a witness, not a criminal, I promise!

The court date is Jan 25th. We are supposed to be on the Ecstasy the 23rd-28th.

I'm waiting to hear back from the prosecutors office. There is a chance it won't even go to trial or they will ask for a continuance....but until I know for sure it'll be nail biting non-stop!

And YES, of COURSE I have trip insurance and it is covered!

I always try and maintain a "$Tuff Happens" attitude when it comes to cruising, Host Mach will remember that from my Conquest cruise 2 years ago that was late getting back due to fog and everyone and their mother missed their flights including us.

I just hope that it doesn't come to that and things will happen as planned.

Anyone else dealt with this before?

Well I haven't dealt with it in having it effect a cruise...
I'm not sure what type of crime you witnessed but depending on the type will depend on if it's heard only before a judge or before a jury. Depending on WA's laws you might be able to sign a sworn statement (affidavid? or notorized letter) of what was witnessed and be ok with only having that. Now that all goes out the window depending on how strong the case is, how many other witnesses, how much you know vs. how much other witnesses know etc. If it were me I'd be seeing if you could do some type of sworn statement and be absent from the trial. It might also help to offer a contact # for the judge to verify your account of the incident on the day you were to appear.

I know it all sounds like a long shot and truthfully I have no idea if it'll work but it's worth a shot. I'm NOT a lawyer btw but do know how the judicial system works in PA and for some cases this would be doable. If it doesn't work (insurance or not) it's good to see you have a positive atitude about it. Good luck to you.

[Host Mach]

Originally Posted by ricko19

This isn't a "woe is me" posting, just hoping for all of your positive thoughts about this situation!

I'm a witness, not a criminal, I promise!

The court date is Jan 25th. We are supposed to be on the Ecstasy the 23rd-28th.

I'm waiting to hear back from the prosecutors office. There is a chance it won't even go to trial or they will ask for a continuance....but until I know for sure it'll be nail biting non-stop!

And YES, of COURSE I have trip insurance and it is covered!

I always try and maintain a "$Tuff Happens" attitude when it comes to cruising, Host Mach will remember that from my Conquest cruise 2 years ago that was late getting back due to fog and everyone and their mother missed their flights including us.

I just hope that it doesn't come to that and things will happen as planned.

Anyone else dealt with this before?

Hi, Rick! I've not heard this one before. I've heard of folks being tasked for jury duty and, to the best of my knowledge, they've all be excused. A witness?? Hummmm....

Here's hoping it all works out and yeah, I do remember that sailing... very well, in fact!!!

[Perfect Stranger]

Tell 'em you didn't see anything!

[alexandria]

I'm a DA and most prosecutor's offices will try to work with you to allow you to be excused from your court appearance for a prepaid vacation, such as a cruise. Be courteous and prepared to send them evidence of your trip and they may be willing to file a motion with the court to continue the case from that trial week. We do it frequently for folks here and unless the defendant has filed a speedy trial demand or is incarcerated awaiting trial or the judge won't grant the continuance (sometimes defense attorneys object) your conflict can often be resolved either through a continuance of the case if it isn't resolved by plea or nolle prosequi before trial.

As far as the other poster's comment about submitting a sworn statement in lieu of testifying, I get asked that question frequently and almost always that is not possible in a criminal case because the confrontation clause of the US Constitution requires that witnesses against the accused in a criminal case be present and testify in open court in the presence of the accused and subject to cross examination.

Good luck, I hope it gets resolved for you.

[lhanson38]

Hi Rick
I had This happen last march. I called and said very nicely that i wouldnt be in the country on that date. They excused me and said there would be a new court date. It ended up not going to trial so i never did have to go.

[gonecamping4now]

This happened to me as well. I was the main witness in a high profile juvenile case 2 years ago. We had a family vacation planned and paid for. When I got the supeona I took it to the DA and showed all my documentation. They told me that I would possibly have to be flown in from my vacation to testify and flown back to my family when I was done. In the end, they had me testify early in a seperate court appearance for the defendant. It was videotaped and to be used in the trial. It never made it to trial though. This all happened within a week of us leaving. Its a good thing you have time to get things figured out. I was so stressed out about having to leave my family and fly back for a trial. Good luck and hopefully there will be a continuance.

[songbird1329]

We have also taped testimony in advance when a witness wouldn't be available at trial.

If you speak to the prosecutor now, you might be able to have that happen.

[sbhdmh]

A few years ago I testified live via the telephone for a court case in a rural part of Washington state. I was under subpeona but had a family wedding in NY. I agree to let them know NOW so you have the best chance to make arrangements. Good luck.

[ricko19]

Hi folks,

Just wanted to thank you for your time and informative responses.
I got a call back from the prosecutors office a few days ago and they are going to move it a few weeks!
HOORAY!

So I have 1 less thing to worry about!

Thanks again for taking the time to respond with your well wishes and sharing your knowledge and experiences.

Take Care,

Rick

[BBigfoot613]

Originally Posted by ricko19

Hi folks,

Just wanted to thank you for your time and informative responses.
I got a call back from the prosecutors office a few days ago and they are going to move it a few weeks!
HOORAY!

So I have 1 less thing to worry about!

Thanks again for taking the time to respond with your well wishes and sharing your knowledge and experiences.

Take Care,

Rick

WOOOHOOOO!!!! Great news. Hope you enjoy your cruise and thanks for the follow up. Always nice to hear a happy ending.

[michelle1836]

Rick- great news. Have an amazing time on your cruise next month!!

[cruiserbryce]

yikes...glad that this worked out for you...I'm sure you werent the least bit nervoushappy cruising