Help! Subpoena came at bad time...

[RuthlessBoss]

Okay. Since there's a non refundable balcony for 2 now available, why not you move into it with a name change. The only money refundable is taxes, you could pay her the taxes and let the 1A go. Cheap way to get a balcony:D

Did the other balcony occupant have insurance?

[lilmizz]

So nobody is going to pay for her losses. That just sucks and is so unfair.

 

 

That does suck for ur sister! But please for those of us that do have travel insur.. We dont want the ports changed! Id do what others have suggested , Have her fly to meet the ship on Monday wherever she is! Jamaica Im SURE!! That way you wouldnt be wasting that much! Have you heard any other news from Carnival?

[alymb03]

So have you/they called Carnival yet? Maybe Carnival will act like the airline and give a credit.

 

Carnival said no, because they are within the penalty period.

 

Just a thought... assuming you could not get out of the subpoena, would it be possible to join the cruise already in progress? Could you fly to a port on Monday afternoon/evening and get on the boat Tuesday? Not ideal, but may end up costing you less than cancelling.

 

I considered that but the case starts Monday. IF she got to testify Monday, the only day she could join would be in Grand Cayman on Tuesday with a return on Thursday.

 

This is also IF, the itinerary isn't changed because of the propulsion problems. It is scary to book the flight and either the case is delayed or the itinerary changes.

[alymb03]

Okay. Since there's a non refundable balcony for 2 now available, why not you move into it with a name change. The only money refundable is taxes, you could pay her the taxes and let the 1A go. Cheap way to get a balcony:D

Did the other balcony occupant have insurance?

 

We are all booked early saver, I thought no name changes? I am hoping maybe they will make us an exception because we are booked as well, not as if we are two new people taking their spots. Just swapping cabins.

 

No, no one had insurance. Lesson well learned.

[RuthlessBoss]

We are all booked early saver, I thought no name changes? I am hoping maybe they will make us an exception because we are booked as well, not as if we are two new people taking their spots. Just swapping cabins.

 

No, no one had insurance. Lesson well learned.

Where are the ES experts when you need them?:eek: I thought it was $50 for name change. But in this case it would be a passenger change, so I don't know if the same applies.

[me & my peeps]

So nobody is going to pay for her losses. That just sucks and is so unfair.

 

I agree. I wont bore the thread with stories - but I am done going out of my way for people and making sacrifices like this, so that others may benefit. If its important enough to have me there, its important enough to make accommodations for me to attend. The court could move the date...OR pay for everything that I am going to be out of-by not going on the cruise.

 

I tell people this ALL the time at work, when im asked to stay late and "help out" because something was not done before the deadline. Or if they expect me to work a weekend to fix a problem that everybody knew about - but never addressed. "If it wasn't important enough for you to start working on this the last few weeks, instead of going home early, taking 3 hour lunches, coming in at 9 & leaving at 2, then its not important enough for me to take time out of MY life - because you didnt get in front of this".

 

Dont get me wrong, I will work through the night if its required and everyone is pulling on the same rope. But I will not allow my life to be altered any more, due to your inability to plan accordingly.

 

Were not talking about the "shot from the grassy knoll" here or curing cancer during a 72 hour work-fest. It's an appearance as a witness, which basically is a character reference because the defense atty is going to rip her apart and attack her credibility.

 

I would ask the court for an option of doing a sworn statement or video statement. If they refuse, go on the cruise. What are they going to do? Fly out to a port and handcuff her while stuffing her into a potato sack for the return trip to the U.S?!! The courts have performed so miserably over the last decade that nobody takes them seriously anymore. If a loser can get 4 chances for dealing drugs, I hardly think their going to throw her in Federal Prison on "failure to appear" charges.

 

I admire your desire to be a part of the system and do your civic duty. I admire even more, that you are convinced that showing up is going to make a difference, but I feel that you have misjudged how the system actually works in the "real world". Your not testifying against Madoff or providing testimony to Govt officials regarding the AIG bailout.

 

I hope you reconsider and go on the cruise. Everything you are told by the lawyers is self serving for them. Their not going to cover your losses, their only goal is to win and to do that, they employ scare tactics to get you there. At the end of the day, they still get paid.....win or lose. You however, are out hundreds if not thousands of dollars.

[maggie cruises]

I agree. I wont bore the thread with stories - but I am done going out of my way for people and making sacrifices like this, so that others may benefit. If its important enough to have me there, its important enough to make accommodations for me to attend. The court could move the date...OR pay for everything that I am going to be out of-by not going on the cruise.

 

I tell people this ALL the time at work, when im asked to stay late and "help out" because something was not done before the deadline. Or if they expect me to work a weekend to fix a problem that everybody knew about - but never addressed. "If it wasn't important enough for you to start working on this the last few weeks, instead of going home early, taking 3 hour lunches, coming in at 9 & leaving at 2, then its not important enough for me to take time out of MY life - because you didnt get in front of this".

 

Dont get me wrong, I will work through the night if its required and everyone is pulling on the same rope. But I will not allow my life to be altered any more, due to your inability to plan accordingly.

 

Were not talking about the "shot from the grassy knoll" here or curing cancer during a 72 hour work-fest. It's an appearance as a witness, which basically is a character reference because the defense atty is going to rip her apart and attack her credibility.

 

I would ask the court for an option of doing a sworn statement or video statement. If they refuse, go on the cruise. What are they going to do? Fly out to a port and handcuff her while stuffing her into a potato sack for the return trip to the U.S?!! The courts have performed so miserably over the last decade that nobody takes them seriously anymore. If a loser can get 4 chances for dealing drugs, I hardly think their going to throw her in Federal Prison on "failure to appear" charges.

 

I admire your desire to be a part of the system and do your civic duty. I admire even more, that you are convinced that showing up is going to make a difference, but I feel that you have misjudged how the system actually works in the "real world". Your not testifying against Madoff or providing testimony to Govt officials regarding the AIG bailout.

 

I hope you reconsider and go on the cruise. Everything you are told by the lawyers is self serving for them. Their not going to cover your losses, their only goal is to win and to do that, they employ scare tactics to get you there. At the end of the day, they still get paid.....win or lose. You however, are out hundreds if not thousands of dollars.

 

well said! I wonder how many are now scratching their heads and saying "grassy knoll?"

 

Can you believe it will be 50 years? And yep, I still remember it vividly, kindergarten classroom and all.

[RuthlessBoss]

well said! I wonder how many are now scratching their heads and saying "grassy knoll?"

 

Can you believe it will be 50 years? And yep, I still remember it vividly, kindergarten classroom and all.

I'm scratching my head wondering what this post is saying.

[2 cruzen]

I'm scratching my head wondering what this post is saying.

 

 

"Grassy knoll" is in reference to President Kennedy's assassination. Not sure the implication to the previous post though. :confused:

[Tbay-eh]

for those telling her to just go and board the ship - ain't going to happen. If there is a sup. for her to appear and she doesn't then a warrant is issued and this will appear on the computers at the port (homeland security not Carnival) and she will be placed under arrest then and there. I don't think she has any option other than to - like another poster said - meet the ship at the next port or suck up the cost lost as there is no insurance.

[nlktx49]

Everything you are told by the lawyers is self serving for them. Their not going to cover your losses, their only goal is to win and to do that, they employ scare tactics to get you there. At the end of the day, they still get paid.....win or lose. You however, are out hundreds if not thousands of dollars.

 

I agree with this. Because of some dealings with the so-called justice system, I no longer have any respect for it. And lawyers don't care who they inconvenience - bet if your testimony wasn't needed on the day they said, no one would even call you and tell you that, they'd let you go to all the trouble to show up in court. Or reschedule the trial at the last minute, you never know. I'd go on the cruise as planned and not worry about it. Have a great cruise!

[RuthlessBoss]

"Grassy knoll" is in reference to President Kennedy's assassination. Not sure the implication to the previous post though. :confused:

Got it. My interperetation is it's not a case of gigantic worldwide worthiness. It's going to be a character assasination of local significance to only a few.

[amc80]

for those telling her to just go and board the ship - ain't going to happen. If there is a sup. for her to appear and she doesn't then a warrant is issued and this will appear on the computers at the port (homeland security not Carnival) and she will be placed under arrest then and there. I don't think she has any option other than to - like another poster said - meet the ship at the next port or suck up the cost lost as there is no insurance.

 

From my understanding, the ship would leave over the weekend and the court date is on Monday...so nothing would be in the system when she left town.

[CapeCodCruiser]

Did you bother to call the judge and ask for a continuance yourself? A file a motion on your own behalf asking for one? The judge is king are are actually people too - he has the power to intercede on your behalf. That's what I would do. Motions are very simple to write - most judges will accept them from an individual (pro se) in a letter format.

[Eng23]

From my understanding, the ship would leave over the weekend and the court date is on Monday...so nothing would be in the system when she left town.

But she would be in the system on her return to the US and that's where she could possibly be arrested. As a previous posted mentioned and there is a thread out there about it, a person with an outstanding warrant from 1991 was just recently arrested upon her return to the US from a cruise. Granted this person had an outstanding criminal warrant for stealing cigarettes when she was 18 or 19 it proves that if you have a warrant (even if you did not know it) they will arrest you when they find you.

[RuthlessBoss]

What's the verdict after reading our posts tonight:confused:

[HazyDavy]

How about the OP's sister accepting some responsibility for her predicament instead of being portrayed as a victim? Trials or hearings don't get scheduled overnight. They are typically scheduled months in advance. She must have known she was a potential witness in the case. Did she talk to the attorney about the trial schedule before making her vacation plans? Or did she notify the attorney of her plans when she booked the cruise? Had she done so the attorney who wants her to testify would have had time to schedule her deposition and this "crisis" could have been avoided.

 

Cases may be pending years before going to trial. If continued, the trial may not be rescheduled for many months. To expect a judge to continue a case because it interferes with your vacation plans is not realistic. If she's an important enough of a witness that the attorney that subpoenaed her will not release her, she should have known to have kept herself informed about the status of the trial or should have notified the attorneys of her plans when she was booking the cruise.

 

If you live your life keeping your eyes closed, you're going to walk into some walls.

[Capette]

Good Lord.. don't listen to 99 percent of these responses. A. Getting a subpoena less than a week before a court date is unacceptable. Subpoena's are supposed to be sent out at least 6 weeks before. You didn't say if this was criminal or civil or what kind of proceeding this is. If Civil the lawyer who 'subbed' her will have to ask for an adjournment because one of the witnesses are not available. Again this is not her fault. The lawyer telling her to stay is just trying to cover their own butt because they screwed up. Again this is not her fault. Tell her to call the lawyer and tell them that because of the short notice she is not going to be able to make it. I would send a registered letter and put everything in writing about the short notice etc. She does not need a lawyer. It's the lawyer who will have to answer to the judge about screwing this up... not her.

[Capette]

for those telling her to just go and board the ship - ain't going to happen. If there is a sup. for her to appear and she doesn't then a warrant is issued and this will appear on the computers at the port (homeland security not Carnival) and she will be placed under arrest then and there. I don't think she has any option other than to - like another poster said - meet the ship at the next port or suck up the cost lost as there is no insurance.

 

Absolutely not true; The Prosecutor/lawyer must show a number of things to get a 'witnes' warrant. A. That the person was served the subpoena personally and not substitutionally. B. WHEN the subpoena was served. C. Was there any contact with the witness? It's up to the judge whether a witness warrant will be issued. In this case, if the time lines of less than one week are correct, there is no way they will issue a 'witness' warrant.

 

In the case where a warrant is issued it takes days to make the system and witness warrants are the lowest forms of warrant in the system.

[RuthlessBoss]

What's the verdict after reading our posts tonight:confused:

OP, are you going to respond? Your green light is on, and the acivity has been off and on this evening, the last time was 10:39 P.M. I know you've gotten many opinions, but you've left us cold as to what's happening.

[Eng23]

Absolutely not true; The Prosecutor/lawyer must show a number of things to get a 'witnes' warrant. A. That the person was served the subpoena personally and not substitutionally. B. WHEN the subpoena was served. C. Was there any contact with the witness? It's up to the judge whether a witness warrant will be issued. In this case, if the time lines of less than one week are correct, there is no way they will issue a 'witness' warrant.

 

In the case where a warrant is issued it takes days to make the system and witness warrants are the lowest forms of warrant in the system.

I assume this is how the process works in Canada? Do you have experience with this in the US?

Will you be willing to post the bail for the OP's sister if she is arrested on a bench warrant for not answering the subpeona?

[songbird1329]

The best legal advice you will ever hear on an internet message board: consult a lawyer in the jurisdiction where the matter is pending.

 

Sent from my SCH-I800 using Tapatalk 2

[K&P Luv2Cruise]

I will not offer a legal opinion, as I am not a lawyer.

 

However OP, you stated that Carnival had been contacted, and no refund will be forthcoming due to the penalty phase. However, given that there is a balcony and 1A cabin involved, and I do understand you are ES, call Carnival back, ask directly for a supervisor "due to an urgent matter", and discuss with them the possibility of switching the two of you with the two of them so that you can enjoy the Balcony cabin, and the losses would be less for the 1A (cancel the 1A and take the hit for the cancellation on the cheaper cabin).

 

Not sure if you booked both cabins, or if your sister booked her own. If she booked her own, then make it a conference call where both of you are on the line with the supervisor and permission to do the switch can be verified from both parties.

 

Given the circumstances the supervisor may show a little compassion and allow you to move to the balcony cabin, and then they would have the less expensive cabin available for re-sale. You may need to fax in proof of the subpeona to validate your request...remember, you are not looking for a refund, just a switch in cabins.

 

The sooner you get on this the more likely it might be for them to do this.

 

Good Luck ! :)

[maggie cruises]

I'm scratching my head wondering what this post is saying.

 

huh?

 

Post #106 is stating that many times people are being taken advantage of because people know that they can take advantage of you and I am reading this to say that the OP is probably not all that needed in court anyway, may not even be called that day and is probably missing the cruise for no real good reason.

 

Then post #106 make the comparasion to something that is actually a serious thing, such as the Kennedy assasination, which many of us understand immeadiately when the words "grassy knoll" are used.

 

Then in my post #107, I agree that the person being subpeonaed (sp) is probably being taken advantage of for no good reason. However, I just said that by saying..agreed.

 

I then went on to comment if anyone would actually understand the "grassy knoll" reference, and I did this because, gee, it will be the 50th anniversary of the JFK assasination this year.

 

While I know ccer's are mostly of an age that will remember it, I also know that many people don't have a clue about it, or references to many other serious crimes in our history that are sometimes referenced by by idioms. "Helter Skelter" comes to mind as does "9/11", a "a day that will live in infamy".

 

If you are hearing them for the first time and have no basis in history to understand them, you just might ask what they mean. While 9/11 is fresh in our minds, in antother 20 years it will need explanation.

 

But you knew that already.

[RuthlessBoss]

huh?

 

Post #106 is stating that many times people are being taken advantage of because people know that they can take advantage of you and I am reading this to say that the OP is probably not all that needed in court anyway, may not even be called that day and is probably missing the cruise for no real good reason.

 

Then post #106 make the comparasion to something that is actually a serious thing, such as the Kennedy assasination, which many of us understand immeadiately when the words "grassy knoll" are used.

 

Then in my post #107, I agree that the person being subpeonaed (sp) is probably being taken advantage of for no good reason. However, I just said that by saying..agreed.

 

I then went on to comment if anyone would actually understand the "grassy knoll" reference, and I did this because, gee, it will be the 50th anniversary of the JFK assasination this year.

 

While I know ccer's are mostly of an age that will remember it, I also know that many people don't have a clue about it, or references to many other serious crimes in our history that are sometimes referenced by by idioms. "Helter Skelter" comes to mind as does "9/11", a "a day that will live in infamy".

 

If you are hearing them for the first time and have no basis in history to understand them, you just might ask what they mean. While 9/11 is fresh in our minds, in antother 20 years it will need explanation.

 

But you knew that already.

I don't recall the assasination as grassy knoll, but remember the assasination vividly. Same for helter skelter with Manson and Tate.