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Posted: 3/24/2017 12:40:34 PM EDT
So I have some questions. The sheriffs office left a card on my door and when I called them they said they had a subpoena for me that they had to give me in person. When I asked what is was for they said it was for the state of Florida vs. (xxx) the xxx not being me but someone else. I think this is a person that ran into me in their vehicle several months ago but I already gave a statement to the state trooper then. Does anyone know why I might be getting subpoenaed? Why couldn't they just drop it in the mail? Any help is appreciated I've never been involved in anything like this before so I dot know what to expect.
Link Posted: 3/24/2017 1:28:04 PM EDT
[Last Edit: 3/24/2017 1:31:01 PM EDT by Bowhntr6pt]
What's the case number?

ETA- most likely you are being called to court as a witness to place the other person behind the wheel. Your failure to comply with the Subpoena could result in punitive actions taken against you therefore you have to be properly served and the service documented.
Link Posted: 3/24/2017 1:37:11 PM EDT
I'm mobile again now so I don't have it with me. I have confirmed it is the person that hit me who is the person named in the case. I'm meeting the people at 9 on Monday to get my subpoena, so i'll know more then. Just seemed odd as it was a fender bender and I don't recall the trooper writing her a ticket. Thanks for the answers just made me leery for a second, never had anything more than a traffic ticket before so getting a note on your door saying you are being subpoenaed out of the blue made me panic a little.
Link Posted: 3/24/2017 2:06:34 PM EDT
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Originally Posted By Aeneas2020:
I'm mobile again now so I don't have it with me. I have confirmed it is the person that hit me who is the person named in the case. I'm meeting the people at 9 on Monday to get my subpoena, so i'll know more then. Just seemed odd as it was a fender bender and I don't recall the trooper writing her a ticket. Thanks for the answers just made me leery for a second, never had anything more than a traffic ticket before so getting a note on your door saying you are being subpoenaed out of the blue made me panic a little.
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I went through this for the same thing. I showed up at court, they called my name, I go up to the witness stand. The lawyer, (person who hit me lawyer), asks me "Did I witness the accident?" I answered saying that I was the person who your client hit, he had the look on his face....turns to the judge and says I have no more questions your honor. Judge looks at him like really?, turns to me and says Have a nice day and sorry for wasting your time. So, this could happen to you too.......
Link Posted: 3/24/2017 2:46:33 PM EDT
Co worker had the same thing. He was in an accident with other cars. Not his fault. He showed up to court, was asked to identify his name & address, acknowledge the accident & then acknowledge the name of the person who caused it. Then was dismissed. He never got a real reason why he was there....
Link Posted: 3/24/2017 2:59:18 PM EDT
Unfortunately it happens. Years ago we got hit by a drunk driver, had to go to the hearing and never got called up, just wasted a couple hours in court with our attorney then went on our way. I guess if they plead not guilty you're there to say otherwise???
Link Posted: 3/24/2017 3:22:06 PM EDT
[Last Edit: 3/24/2017 3:22:43 PM EDT by Aeneas2020]
That's pretty much what I figured it's just annoying to have to take time out of my day/work to sign for the thing and then to go to court knowing I'll spend a day sitting there and maybe have 5 mins worth of stuff to do at most.

p.s. thanks for helping to lower my blood pressure guys
Link Posted: 3/24/2017 5:59:17 PM EDT
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Originally Posted By Aeneas2020:
That's pretty much what I figured it's just annoying to have to take time out of my day/work to sign for the thing and then to go to court knowing I'll spend a day sitting there and maybe have 5 mins worth of stuff to do at most.

p.s. thanks for helping to lower my blood pressure guys
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The accused has the right to face the accuser? No? Simple Law.
Link Posted: 3/24/2017 9:29:30 PM EDT
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Originally Posted By underdogII:


The accused has the right to face the accuser? No? Simple Law.
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It is rarely about the accused facing the accuser... more like the defense attorney hoping to win on the technicality of the accuser missing court. It is pretty easy to see in the attorney or the accused's face. They get the "shit, he actually showed up so what do I do know" look.
Link Posted: 3/24/2017 9:45:50 PM EDT
[Last Edit: 3/24/2017 9:47:26 PM EDT by Aeneas2020]
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Originally Posted By underdogII:


The accused has the right to face the accuser? No? Simple Law.
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And as a matter of fact in this case I haven't accused anyone of anything, it's the state vs that person. I was stationary in traffic parked next to a state trooper when the person in question rear ended me. Other than being the vehicle they hit I had zero involvement. The police took both of our insurance information and personal details we exchanged numbers, they were actually very pleasant people I even bought their kids a soda while we waited for the cops to finish their stuff then I went one my way not expecting to hear about it again. Like i said i'm not sure I even saw the police write them a ticket so I have no idea where this came from.

p.s. In this case I know I could technically be classed as the accuser but what escapes me is, if a ticket was issued, why they wouldn't just a) pay the fine, b) take a class or c) take the points, unless of course there is more to the story. Anyway the whole thing just seems odd to me.
Link Posted: 3/24/2017 10:27:35 PM EDT
If there was property damage, it's more than likely that it's the insurance companys lawyers that are playing the games. Have to rack up some billable hours somehow.
Link Posted: 3/25/2017 11:30:17 AM EDT
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Originally Posted By Aeneas2020:


And as a matter of fact in this case I haven't accused anyone of anything, it's the state vs that person. I was stationary in traffic parked next to a state trooper when the person in question rear ended me. Other than being the vehicle they hit I had zero involvement. The police took both of our insurance information and personal details we exchanged numbers, they were actually very pleasant people I even bought their kids a soda while we waited for the cops to finish their stuff then I went one my way not expecting to hear about it again. Like i said i'm not sure I even saw the police write them a ticket so I have no idea where this came from.

p.s. In this case I know I could technically be classed as the accuser but what escapes me is, if a ticket was issued, why they wouldn't just a) pay the fine, b) take a class or c) take the points, unless of course there is more to the story. Anyway the whole thing just seems odd to me.
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The state needs what is called a "wheel witness"... someone who can testify in court as to WHO was behind the wheel operating the other vehicle at the time of the crash/violation. The Trooper did not witness the violation, you did, the Trooper did not see the violator behind the wheel, you did. The Trooper has Probable Cause to issue the citation based on his/her investigation and statements made at the scene along with corroborating physical evidence... but that's where it ends... people do try to say I was not driving I just said I was to keep (insert phantom person's name here) out of trouble... and then the games start.

When LE issues citations in connection with a crash they did not witness, the state will subpoena you to say who was driving... if no one shows up to testify, which is common, the case is dismissed. Then the insurance companies play more games. It is in your best interest that you show up.
Link Posted: 3/25/2017 8:22:49 PM EDT
Yeah don't worry i'm going to show. I understand what you are saying it's just odd because this literally happened in front of the trooper so he did witness the person driving and the accident. Anyway it's all good was just an interesting friday afternoon.
Link Posted: 3/26/2017 2:59:53 PM EDT
Try getting served by a US Marshal to appear in Federal Court some time. Actually I've been served by the USM twice.
Link Posted: 3/26/2017 10:15:47 PM EDT
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Originally Posted By cormorantslayer:
It is rarely about the accused facing the accuser... more like the defense attorney hoping to win on the technicality of the accuser missing court. It is pretty easy to see in the attorney or the accused's face. They get the "shit, he actually showed up so what do I do know" look.
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Originally Posted By cormorantslayer:
Originally Posted By underdogII:


The accused has the right to face the accuser? No? Simple Law.
It is rarely about the accused facing the accuser... more like the defense attorney hoping to win on the technicality of the accuser missing court. It is pretty easy to see in the attorney or the accused's face. They get the "shit, he actually showed up so what do I do know" look.
Pretty much what I meant. Someone saw something and needs to say so in person.
Link Posted: 3/27/2017 11:14:14 AM EDT
The simple answer to why they need to meet you in person is so they can say they "hand served" you the subpoena, there fore now way for you say "I didn't get notified."

Often times when placed in a mail box, or on a front door, witnesses will say I didn't know about it. The in person "Hand Serve" removes all doubt.

Not typically utilized in a simple car accident type case, but they certainly are allowed to handle it the way they are.
Link Posted: 3/28/2017 8:30:09 PM EDT
Yeah there is definitely something larger going on here. I'll fill you guys in after the court date.
Link Posted: 3/31/2017 1:39:12 PM EDT
Your chance to help justice to be served.
Link Posted: 4/1/2017 12:50:07 PM EDT
What side did you end up on the State of FL. or XXX
Link Posted: 4/1/2017 4:37:41 PM EDT
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Originally Posted By ReefRaider:
What side did you end up on the State of FL. or XXX
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I'm on the side of the State of FL
Link Posted: 4/3/2017 7:43:41 PM EDT
You may not even be needed by the time you get there, who knows. I can't tell you how many times I've gone to depos, hearings, etc. prepared to testify, only to be told "ah, we don't need you now, thanks!" even though I was the primary investigator in the case... lol
Link Posted: 4/3/2017 8:14:13 PM EDT
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Originally Posted By floridahunter07:
You may not even be needed by the time you get there, who knows. I can't tell you how many times I've gone to depos, hearings, etc. prepared to testify, only to be told "ah, we don't need you now, thanks!" even though I was the primary investigator in the case... lol
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Oh trust me I know that feel. I seem to be forever at depositions these days they either go one of two ways 1) They don't need you and you waste several hours of time getting there and waiting around. 2) you get drilled for 3 hours and get asked the same question over and over. urgh
Link Posted: 4/4/2017 5:18:02 PM EDT
[Last Edit: 4/4/2017 5:18:28 PM EDT by floridahunter07]
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Originally Posted By Aeneas2020:


Oh trust me I know that feel. I seem to be forever at depositions these days they either go one of two ways 1) They don't need you and you waste several hours of time getting there and waiting around. 2) you get drilled for 3 hours and get asked the same question over and over. urgh
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Last one I went to, the defense attorney was obsessed with the fact that I didn't turn my body camera on immediately upon arriving on scene of a double shooting with unknown suspects/unknown if the shooters were still present on scene or not...

I was like

He didn't really care for asking me more questions after I told him my dash camera was recording since 30 seconds prior to being en route to that call, and upon arrival, bystanders were screaming that the victim was sitting on the porch of the house next to the one I stopped in front of... and I was a bit pre-occupied with my fingers in the bullet holes he said were caused by your client, whom he called by first and last name...
Link Posted: 4/6/2017 3:34:24 PM EDT
Well I got a notice in the mail today saying I was being called as a witness for a civil infraction hearing.
Link Posted: 4/6/2017 4:34:46 PM EDT
Sounds like a traffic citation hearing.
Link Posted: 4/6/2017 4:41:38 PM EDT
If that's the case I'm a little annoyed. I'm still going but I have to report at 9am but the hearing isn't until 1:00pm. Going to be a long day.
Link Posted: 4/6/2017 4:58:13 PM EDT
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Originally Posted By Aeneas2020:
If that's the case I'm a little annoyed. I'm still going but I have to report at 9am but the hearing isn't until 1:00pm. Going to be a long day.
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Don't be. I have seen people at fault for accidents go to court and no witnesses show up then charges
are dropped. Then they use that to try to go against the other person involved in the accident for
damages to vehicle and person.
Link Posted: 4/6/2017 6:49:07 PM EDT
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Originally Posted By Banditman:



Don't be. I have seen people at fault for accidents go to court and no witnesses show up then charges
are dropped. Then they use that to try to go against the other person involved in the accident for
damages to vehicle and person.
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Oh don't worry i'm going!
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