I have been subpoened by mail to testify at a juvi crime trial, with my name misspelled, and I dont want to...

Question

I was the victim of an attempted breakin by a repeat juvenile offender.....before I left the house I saw him twice through 2 windows while on the phone with 911......The police picked him up about an hour later and I photo ID'd him in my home......The police said he confessed while at the jail....I told the police and later juvi officials I wanted nothing to do with him or no contact since they had a confession and me, having an expecting wife at home, sometimes alone at night.....Now, I've been sent a subpoena by mail, which I understand may be ineffective service, and my name is misspelled on it to boot.....How do I get out of testifying?

Answer 1

You're not off the hook, clerical errors such as a mis-spelled name are exempted from being the reason to get a free pass.  

Service by mail in a criminal trial is valid.  If it wasn't the prosecutor wouldn't do it.  You don't go, you're going to be in contempt of court and be liable for charges.  The state is paying for a trial and the cost of that trial is directly related to your criminal complaint.  If you don't show you could be paying for all that, as well as have a misdemeanor conviction.

Answer 2

You can only get out of testifying by breaking the law.  If you don't show up to court, then you could be setting yourself up to actually being arrested.  You could call the attorney who subpoenaed you and tell them that you do not wish to testify, in which case if it's the prosecutor, they may dismiss the case since the defendant has the constitutional right to confront the witnesses in open court.  The D.A. can't just introduce your statement into evidence without you being there.  So, if it's not a big deal to you that you were victimized, then call the d.a. or  don't show up and risk jail.  Do the right thing!

Answer 3

Get a security system installed in your home. Maybe the least get the stickers you place on the windows.

Get a big dog or place signs outside saying "Beware of Dog"

Get motion sensor lights outside.

Have different lights on at night. Change rooms and lighting but keep them on during the night. Remember to close drapes, blinds, shades before dark. Keep the lights near the windows.

Keep baseball bats near entry ways and by your bed, and in the bathroom.

You are most vunerable sleeping or in the bathroom

Best idea is to move to a nice area to live.

If you don't go to court the case could get thrown out of court. May be you could ask if the kid could appear in court by video from the juvi hall. Since he is a repeat offender this could be possible. Then you would not have any face to face contact. Contact your District Attorney office and explain your situation.

Answer 4

Hmmm, you don't want the person prosecuted for a crime against you. Your wife will still be home alone after he gets released. I would call the court where the subpeona originated. If it is legal and you don't appear, you can talk to the person who violated you while you are both in jail.