Subpoena Received Today

Dplusbsquared · March 2014

I know we have lawyer mamas here & I have a question.

I received a subpoena to criminal court in the mail today. I was a victim of a robbery last year and it is about all of that. I was diligent in following up with my banks and the police and the guy was arrested a few weeks later. He had some of my items and credit cards in his possession when arrested and most of what was stolen was returned.

I did some research and the guy that was arrested has been arrested for many things many times over the last 20 years.

The robbery exacerbated my diagnosed anxiety and OCD. My marriage almost didn't survive and I lost my job soon after. I can't prove they were all related, but I was clearly affected by the stress.

I've never been called to court other than for jury duty. I will be 36 weeks pregnant the week it begins.

Do I go and face this guy or do I try to get by with just being deposed? I'm so conflicted and will be VERY pregnant. My belly is already measuring 38 weeks now!!

maggiesimpson · March 2014

I was robbed a few years ago. They only caught the kid because he had been pulled over in a stolen car. We got all our stuff back (GPS and a giant key ring with keys to pretty much everything we had). I had been after DH for a long time not to have them all on one and not to be leaving that stuff out in his work van. Lesson learned. Anyway, the guy stealing the keys showed intent for future crimes.

I got a subpoena a few months later, and was very upset about it. The guy already inconvenienced my life once. Now, they expected me to miss work just to go to court and say "this and this were stolen." I was given no choice in the matter. I had to show up, or I'd be in trouble with the law. Fortunately, they did what happens in most of those cases and reached an agreement. I'd be willing to bet that will happen in your case, unless of course the guy is a complete idiot and thinks he can fight a sure conviction.

momo214 · March 2014

I would recommend being present for his trial and sentencing, if convicted. Not only will your testimony be important should he go to trial, if he doesn't plead guilty first, you also could be eligible for restitution. It may not "fix" anything but your entitled to be made whole. I agree with Jane to contact the prosecutor and advise them of your situation.

awc1986 · March 2014

I'm in a similar situation where i'm the key witness in a case (wrong place, wrong time when a fight broke out) and have to appear in court. I told the police that i'm expecting, so they've set the date in June after i've had the baby. Could you see about them pushing it back because of your pregnancy?

I understand that it seems like a huge thing to go through again and that the guy has put you through enough shit, but this could be your chance for some real closure. By presenting your case, you can tell the guy how he affected your life in such a negative way and it may be somewhat cathartic for you. Especially if you get justice.

I really hope you get the outcome you deserve, but i'd definitely ask about them pushing it back until a few weeks after the birth.

Dplusbsquared · March 2014

Thanks Moms!! I knew y'all would make me feel better!

I'll call Monday morning.

shaunamw · March 2014

Have you been deposed. If so they should be able to read your testimony in instead of appearing. Definitely try calling the DA.

gutsysneakers · March 2014

Your prosecutor's office should also have a victim advocate that can assist you through the process. They will need you to testify in court if a plea agreement isn't reached. I would reach out to your prosecutor's office and find out if a plea agreement could be reached, but remember a subpoena is a court order and there COULD be ramifications if you don't show.

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