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Voluntary Witness Statement Provided but still being Harrassed

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  • Iowa #1603
    replied
    Originally posted by STORMCHASER View Post
    A subpoena for what? Court? The only way this would go to court is if the person who was cited at the scene would fight it and from what I know, they have 7-10 days to do so. This accident took place now going on 2 months ago. I am sure if this was the case I would have received something by now.

    Even so, at this point I'd rather get a summons to testify if there is a hearing rather than continue to make a 45 minute commute one-way to the station everytime the officer has a question.
    If you are still getting questions from the investigating officer , he has not concluded his investigation yet.................so any charges are still pending.

    You have been given several options as to how to handle this including telling the investigator to come visit you. You have been told you are under no obligation to return there to assist his investigation. You have told the investigator that you don't wish to go back to give more information.

    And no it is not harassment, it is investigation.

    Leave a comment:


  • STORMCHASER
    replied
    A subpoena for what? Court? The only way this would go to court is if the person who was cited at the scene would fight it and from what I know, they have 7-10 days to do so. This accident took place now going on 2 months ago. I am sure if this was the case I would have received something by now.

    Even so, at this point I'd rather get a summons to testify if there is a hearing rather than continue to make a 45 minute commute one-way to the station everytime the officer has a question.

    Leave a comment:


  • PhilipCal
    replied
    Originally posted by Smurfette_76 View Post
    I'm going to laugh when you're served a subpoena.
    A distinct possibility too.

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  • Smurfette_76
    replied
    I'm going to laugh when you're served a subpoena.

    Leave a comment:


  • STORMCHASER
    replied
    As predicted, I got another call from the investigating officer yesterday. He left a message for me to call him and when I did, I was surprised to get an answering machine. It said that If I had a message for a specific officer, to leave it after the beep. I did so stating that I am unwilling to make the long commute down to the station. I was to the point and blunt enough and if he continues to call, then yes I then would consider this harrasment.

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  • District B 13
    replied
    Isn't being required to log in to post harrasment?

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  • HotSoup
    replied
    I was at the bank today trying to cash a check and the teller harrassed me when she asked for my I.D. Then I went to the grocery store and the clerk harrassed me when she asked if I had my Fry's card with me, then I went to the gas station and the attendant harrassed me by making me get out of my car, go inside and pay then pump my own gas.

    Leave a comment:


  • Crimy
    replied
    Originally posted by just joe View Post
    You guys have traffic crash witness statements sworn to?
    I believe our witness statements for DWI crashes are. Haven't looked at one in along time would have to check. I have no clue what the department he is dealing with, what forms they use, what their county requirement is and the circumstances for the accident.

    Never mind they just require listing of info and a place to write what you observed and signature line.
    Last edited by Crimy; 04-21-2011, 08:57 PM.

    Leave a comment:


  • Crimy
    replied
    Originally posted by DAL View Post
    Whatever the investigator needs is his problem, not that of the witness. I would also be suspicious of an ulterior purpose.
    Or a rookie investigator who hasn't been seasoned with enough experience with the case he is assigned including what to ask and when. I'm in agreement that I would no longer be willing to make the commute but alternative options have been offered if the witness is willing to continue to cooperate on his own terms.

    Leave a comment:


  • DAL
    replied
    Originally posted by Crimy View Post
    Im sure if he is coming to the station and writing on the witness statement he is filling out an affidavit and swearing to be telling the truth. If you are willing to continue to cooperate you can always ask the investigator send you the voluntary witness statement with a letter of any questions he has come up with if he is unwilling to ask the questions over the phone (depending on the investigation and what he needs to for court). If the statement would need to be notarized your local bank should be able to do it for you and you can just mail it back to him.
    Whatever the investigator needs is his problem, not that of the witness. I would also be suspicious of an ulterior purpose.

    Leave a comment:


  • just joe
    replied
    Originally posted by Crimy View Post
    Im sure if he is coming to the station and writing on the witness statement he is filling out an affidavit and swearing to be telling the truth. If you are willing to continue to cooperate you can always ask the investigator send you the voluntary witness statement with a letter of any questions he has come up with if he is unwilling to ask the questions over the phone (depending on the investigation and what he needs to for court). If the statement would need to be notarized your local bank should be able to do it for you and you can just mail it back to him.

    You guys have traffic crash witness statements sworn to?

    Leave a comment:


  • Smurfette_76
    replied
    If this is harassment, you're probably going to be really upset if you're given a subpoena to court.

    Leave a comment:


  • Ohio5-0
    replied
    Originally posted by STORMCHASER View Post
    I'm sorry but I did not leave anything out of this scenario unless you want a total description of the accident. I also have no idea what the other witness's statement says nor do I care. Making a career out of a single car crash, as you said, is possible if your a small town police dept. with not much action going on.
    I need a total description of the accident if I am going to have ANY opinion on this matter.
    ASAP

    Leave a comment:


  • DACP
    replied
    You know how many single vehicle accidents I have investigated that at first I thought were simple open and closed only to find that somehow some way it turned into a can of ****? I to have had to call a voluntary witness in several different times, I am not harassing you; I am only trying to do the job to the best of my ability. My work could put someone in jail, my lack of work could let a guilty person off the hook, and I take it very seriously and do not half *** investigations. I have built a reputation on my work; I am not going to toss it just because someone thinks I am harassing them. Now as stated at any time you can pull away, and not give anymore statements. But trust me I have way to much work, to arbitrarily **** with someone. I am willing to bet the officer you are dealing with is much the same.

    Leave a comment:


  • Crimy
    replied
    Originally posted by DAL View Post
    Just tell the officer you are willing to talk with him over the phone, or if he comes to see you, but you are not going to drive to the police station. There is nothing they can do.
    Im sure if he is coming to the station and writing on the witness statement he is filling out an affidavit and swearing to be telling the truth. If you are willing to continue to cooperate you can always ask the investigator send you the voluntary witness statement with a letter of any questions he has come up with if he is unwilling to ask the questions over the phone (depending on the investigation and what he needs to for court). If the statement would need to be notarized your local bank should be able to do it for you and you can just mail it back to him.

    Leave a comment:

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