Help! Subpoena came at bad time...

[luvtheships]

Hey if she has to fly to the cruise port, make sure she DOES NOT take her passport. and only buy the one way ticket,

 

That way if they want her, they will send someone to get her, and she can fly home from the cruise port after the cruise for free.

 

And without the passport she is less likely to get triggered on some government list, for being in contempt and having a warrent out for her.

so that's why pax insist on not getting pp's. By the looks of some of the characters I have seen cruising...I think I am on to something.

[Tapi]

More than likely the chips would fall the way of not showing in court causing a warrant to be issued and once returning to the US being flagged in Customs as having an arrest warrant. You would not even make it out of the terminal before being arrested.

 

At least she'll get arrested AFTER the cruise! :D

[crusinpsychRN]

I would be in contempt of court for sure! I would go on that cruise and let the chips fall where they may!

 

And get arrested either coming or going.

[Eng23]

You have way too much trust that the court system is that efficient.

Well I would not say it's too much trust, but I do have a friend that got picked up from a warrant issued for failure to appear when returning from a cruise. The warrant was issued 3 days before he left on the cruise, the sheriff's office was unable to locate him in those 3 days and sure enough when he came back his name was flagged with US Customs and they hooked him up. Went directly to jail and did not pass go or collect $200.:cool:

[songbird1329]

The pace at which courts move sometimes. . .you heard about the lady arrested after her cruise on a warrant issued 19 years ago. We're talking about a recalcitrant witness, not a murderer.

 

Sent from my DROID RAZR using Tapatalk 2

[luvtheships]

All of you people that's saying "just go on the cruise anyway" obviously have no idea how the court system works. If you are instructed to be in court and you cannot make arrangements to be excused or do a deposition, then you better show or else could be arrested for contempt of court.

 

These are probably the same people who ignore their jury summons too. The last time I was called for jury duty I saw a deputy bring a girl in, who was still in her flannel pajama bottoms and a t-shirt. From the looks of her messy hair they evidently woke her up. Guess next time she will appear when she's supposed to.......:rolleyes:

 

Judges don't take too kindly with being "blown off".........if you do not show a warrant could be issued for your arrest!!!!

 

I actually would love to get jury duty these days...many times I was excused because I had several small kids...now..when I can make it... I don't get callled...we get $40 per day here...so I would like the $400 or so.

[YubaSutter]

Go to court so you don't go to jail then file a law suit againt the attorny making you miss your vacation. I doubt if you will win but you will make a royal pain of yourself. Consult a attorny before you do anything. There is a chance that a slimmy attorny might counter sue.

 

Do you realize there is a filing fee? In my county, it is $435 to file a case. It would only be a royal pain to your wallet.

[luvtheships]

Well I would not say it's too much trust, but I do have a friend that got picked up from a warrant issued for failure to appear when returning from a cruise. The warrant was issued 3 days before he left on the cruise, the sheriff's office was unable to locate him in those 3 days and sure enough when he came back his name was flagged with US Customs and they hooked him up. Went directly to jail and did not pass go or collect $200.:cool:

 

a warrant is different from a subpeona....

 

as is warrant for your arrest...versus subpeona to be a court witness....big difference

[Rottweiler Puppy]

More than likely the chips would fall the way of not showing in court causing a warrant to be issued and once returning to the US being flagged in Customs as having an arrest warrant. You would not even make it out of the terminal before being arrested.

 

They would even be the subject of a thread here. "Saw a person get cuffed during debarkation, what happened?"

[luvtheships]

If she isn't a party to this lawsuit she should be able to have it rescheduled or some line of questioning could be done this week and have a transcript ready for reading on Monday. I'd say make a few phone calls to the court and have it rescheduled. Don't listen to the plaintiff's attorney (who would want you to NOT show up) or the defendants attorney (who will say you have no choice but to show up).

who knows..maybe it is a contested divorce case and they want to make life difficult for her and ruin her cruise...the op did say she was acquainted with both parties:rolleyes:

 

point being is we have no clue as to what kind of case it is..only that both lawyers seem to be giving the sister advice....

 

sounds fishy to me...and my take is that all involved in this case are trying to make the sister miserable...and cause problems

[luvtheships]

They would even be the subject of a thread here. "Saw a person get cuffed during debarkation, what happened?"

and shouldn't we..the debarking pax have a right to know what happenend? OR better yet...."I saw someone being handcuffed, I feel so bad for this person...what should I do?:D

[T. Advisor King]

It would be a bummer to have to miss vacation because I was a witness in a legal proceeding. It would be a bigger bummer if the entire legal system operated only on what was convenient for each of its participants.

 

I don't fault the OP for trying to find a solution to the conflict. I do wonder about all the postings along the lines of "sue the lawyer", or "bill the lawyer", or "I'd just go on the trip and see what happens."

[Eng23]

a warrant is different from a subpeona....

 

as is warrant for your arrest...versus subpeona to be a court witness....big difference

And when you fail to appear in court for the subpenoa a warrant for failure to appear will be issued. The subpeona is ordering you to appear before the court and judges generally don't take kindly to a person ignoring the subpeona. Therefore an arrest warrant will be filed and the persons name and warrant is entered into quite a few law enforcement databases. This actually happened to a friend of mine as I mentioned and he was arrested at the port when he was clearing US Customs.

[mbmbird]

I have had a lot of fun reading this post. The court or the attorneys are NOT going to reimburse her for the cost of the cruise. The only person who can issue a warrant for her not appearing is the Judge. The clerk of the court has no power to dismiss a witness.

 

The only person here with the power is the Judge. Write a letter (include all of the cruise paperwork) to the judge, fax it to his assistant (and send a copy to both attorneys) and ask that her testimony be heard on another day. It sounds like a civil case, and unless there is a Jury to consider, hearings are continued all of time. The judge can then talk to the attorneys and hear their objections. It can't hurt and it won't cost you a thing to try.

 

The one here who dropped the ball is the attorney. If she is an important witness, he/she should have been keeping her updated on the hearing dates. The courts are SO busy, that hearings are usually set months out, unless it's an emergency hearing.

 

Good luck! I hope she gets to go on her cruise.

 

I am not an attorney, but spent everyday in court for years:eek:

[fuddrules]

And when you fail to appear in court for the subpenoa a warrant for failure to appear may be issued.

 

Corrected it for you.

[Eng23]

Corrected it for you.

True, a warrant may be issued as it is at the judges discretion. But I don't think most judges like people that fail to appear unless it is a grave or serious circumstance and will issue a warrant. Thanks for the help.

[UATLB]

I would be in contempt of court for sure! I would go on that cruise and let the chips fall where they may!

 

Agreed!!!

[luvtheships]

And when you fail to appear in court for the subpenoa a warrant for failure to appear will be issued. The subpeona is ordering you to appear before the court and judges generally don't take kindly to a person ignoring the subpeona. Therefore an arrest warrant will be filed and the persons name and warrant is entered into quite a few law enforcement databases. This actually happened to a friend of mine as I mentioned and he was arrested at the port when he was clearing US Customs.

 

was he arrested for ignoring a subpeona or for committing a crime that resulted in an arrest warrant? sorry...but avoiding a subpeona..while still a crime...is not the same as a few other crimes I can think of offhand.

 

they way you posted leads me to believe that he was not a witnesss avoiding a subpeona...but possibly the accused...or are you trying to say he was arrested for avoiding a subpeona?

 

I have said it before and will say it again....cc posters conveniently leave out details.....clear concise posts are what is needed here in order to gather all the facts

[ray98]

a warrant is different from a subpeona....

 

as is warrant for your arrest...versus subpeona to be a court witness....big difference

 

 

A bench warrant is what is issued when you ignore a subpoena.....that means you are arrested and brought before the issuing judge. You will be taken into custody the same as with a criminal arrest warrant.

[Eng23]

was he arrested for ignoring a subpeona or for committing a crime that resulted in an arrest warrant? sorry...but avoiding a subpeona..while still a crime...is not the same as a few other crimes I can think of offhand.

 

they way you posted leads me to believe that he was not a witnesss avoiding a subpeona...but possibly the accused...or are you trying to say he was arrested for avoiding a subpeona?

 

I have said it before and will say it again....cc posters conveniently leave out details.....clear concise posts are what is needed here in order to gather all the facts

He avoided the subpeona. He was a witness. The judge did not appreciate him ignoring the court order to appear. My apologies for not being a little clearer.

[songbird1329]

Just for the record. A lawyer may reimburse a fact witness for expenses reasonably incurred in attending the proceedings and testifying, and may give a witness reasonable compensation for his loss of time.

 

Sent from my DROID RAZR using Tapatalk 2

[Eng23]

A bench warrant is what is issued when you ignore a subpoena.....that means you are arrested and brought before the issuing judge. You will be taken into custody the same as with a criminal arrest warrant.

This is exactly what happened to my friend. Once a warrant is issued and you are entered into the law enforcement databases it does not matter wether the warrant is for a criminal offense or not. As Ray has stated all the people in law enforcement are concerned with is that there is a warrant for your arrest and they are required to place you into custody and bring you before the court.

[fuddrules]

The judge did not appreciate him ignoring the court order to appear. My apologies for not being a little clearer.

 

Then what happened when he was in front of the judge?

[Eng23]

Then what happened when he was in front of the judge?

$500 fine + court costs and 6 months probation. He still had to appear as a witness in court for the case the subpeona was issued on. The case was a domestic assault charge and he was a witness to the assault.

[ray98]

Then what happened when he was in front of the judge?

 

 

The judge can do whatever is warranted. After compelling testimony or whatever action the court requested they can also fine or incarcerate the person as punishment.