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Pay for court in Virginia

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  • Pay for court in Virginia

    I'm new hear and first time posting so be easy if it's already been asked. I left my former department a city pd (a very broke department ) well with all my cases I have pending lll be in court the next year at least. I messaged my old admin captain to ask how I get paid for court and he started they don't pay people once they leave the department. My question is what right do I have to getting paid can I go after them for that. My new department won't pay me for court with another jurisdiction. I also can't spend the next year going to court for free. Any advice would be great. Also I am in Virginia so local advice would be best.

  • #2
    Flee the country. I suggest the Dominican Republic.
    1USD = 58 Pesos, and no property taxes once you own your home, which will be pennies compared to what it costs anywhere in the States.

    Comment


    • #3
      Heard of some places not paying officers at all for court unless it happens to fall during their shift. Just consider that the other victims, wittnesses etc may not get paid for their time in court.

      Where I'm at and if it is a state or superior court case they will give us $20 a day IF the department isn't paying us. But we have to bring the subpoena and have one of the prosecutors to sign off on it. They pay jury members at the same rate.

      For municipal court cases, I've only heard of 1 city that will pay LE witnesses who come in on their days off.

      Even here I don't know of any departments that pay former officers for any court cases they may have pending. Maybe if they are now part-time at the old department they can get paid.


      Try checking with the prosecutor or court clerk when you go back for your court case if you can get some type of pay.


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      • #4
        Not sure about VA, but I've seen many local courts pay witness fees to include a small fixed rate + vehicle mileage.

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        • #5
          Don’t be available. If you have to go, be the shortest, blunt, to the point, and leave. Tell the DA you are not getting paid and have another job and won’t sit around wasting time.

          If the DA is a jerk, throw the case.
          Now go home and get your shine box!

          Comment


          • #6
            I have heard of some agencies paying lateral hires for court appearances stemming from previous employment. This generally seems to occur when it occurs in the same court system (e.g.: a city officer transferring to the surrounding county agency). Some departments may compensate former officer for court appearances, but there is no legal obligation to do so.

            The cold truth is that you have a witness summons just like anyone else. If you ignore the summons and fail to appear, there may be consequences if the judge or prosecutor presses the issue. In my jurisdiction, no one is going to care (other than victims and the happy defendant) if you fail to appear for a misdemeanor case. If you don't show up for a murder case, it is possible a body attachment will be issued.

            The judge or prosecutor may also complain to your current department which may or may not take action against you.

            All of this may not be fair or right, but it is the real world.
            John from Maryland

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            • #7
              All I can say is, enjoy your witness fee. It's a whopping $12 for a full day or $6 for half a day in my state.

              The Captain's right...you don't have any "right" to have your old department pay you to appear. And your new department isn't obligated to pay you either (though they can't refuse you time off to respond to a subpoena). Talk to your old prosecutor and make it clear that you have zero interest in testifying for any pending cases. If they want to push the issue, force them to issue you a subpoena (no subpoena = no show and no consequences). And, of course, since you don't have access to your old reports, your memory could be VERY hazy when you're testifying...
              "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
              -Friedrich Nietzsche

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              • Krinkiboi2020
                Krinkiboi2020 commented
                Editing a comment
                Combine that with my idea, and the subpoena turns into an extradition.

            • #8
              Other than to seek whatever witness fees and mileage your state laws allow, you may be out of luck. However, get creative and look for other options. For example, research general benefits for all people employed by your government entity, whether they be cops, road repair people or janitors. Where I worked, all state employees who were subpoenaed to court in matters unrelated to their jobs got their full pay, provided their turned in their witness fees (if there were any). It was an obscure provision most folks didn't know about. The state had this provision because they didn't want their employees to appear uncooperative in matters of justice by dodging court because they were afraid of losing pay.

              Also, did you move out of state when you changed jobs and beyoind the authority of any subpoenas that might be issued?
              Going too far is half the pleasure of not getting anywhere

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              • #9
                After I left my former SO and moved out of state I had several cases go to trial.

                The DA flew me in, rented a car and paid for hotel... but didn’t pay -me-.

                I expect that’s the norm.

                My current department allows court attendance on the clock, and will pay overtime, whether it’s their case or left over from prior employment.
                Last edited by tanksoldier; 03-08-2021, 12:09 AM.
                "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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                • #10
                  As others have stated, you don't have the right to be paid. You are not an employee - you are a witness. And you are not doing anything on behalf of your current employer. L-1 offers good advice. I guess you can always tell the prosecutor that you don't have any interest in testifying in any of your active cases.

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                  • #11
                    Originally posted by tanksoldier View Post
                    After I left my former SO and moved out of state I had several cases go to trial.

                    The DA flew me in, rented a car and paid for hotel... but didn’t pay -me-.

                    I expect that’s the norm.
                    Yep. They pay for travel and stay.
                    Now go home and get your shine box!

                    Comment


                    • #12
                      Does your state allow remote testimony? I'd speak to the prosecutor/s and see if that's a possibility.

                      Since COVID hit, almost all of our municipal proceedings have been conducted via Zoom. Superior Court proceedings are also conducted remotely except for jury trials which have been put on hold. Joining a Zoom call at a specified time sure beats driving to and from court and waiting around for hours.

                      Comment


                      • #13
                        Originally posted by not.in.MY.town View Post
                        Does your state allow remote testimony? I'd speak to the prosecutor/s and see if that's a possibility.

                        Since COVID hit, almost all of our municipal proceedings have been conducted via Zoom. Superior Court proceedings are also conducted remotely except for jury trials which have been put on hold. Joining a Zoom call at a specified time sure beats driving to and from court and waiting around for hours.
                        If one testifies via Zoom it is HIGHLY recommended that one makes sure that the cat filter is turned off....

                        This Space For Rent

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                        • not.in.MY.town
                          not.in.MY.town commented
                          Editing a comment
                          Mr. Philips is clearly not amused, Mr. Gibbs Bauer looks intrigued and slightly aroused...and the cat looks like it belongs in an ASPCA donation video.

                        • Pogue Mahone
                          Pogue Mahone commented
                          Editing a comment
                          I can almost hear Sarah McLachlan singing now...

                      • #14
                        If I showed up for court and the ADA told me that my case wasn't going, I'd get him/her to sign my OT slip and leave. I'd then enjoy my 3 hours of overtime pay in my next check. After I retired, of course, I did received several subpoenas and didn't get paid - like it should be. I may still be a witness to incidents arising from my time in, but since I'm now a civilian, I'm not bound by my old department nor under my former union's protection.

                        I live quite a distance away now, and probably won't get any subpoenas here at my new digs. Even so, I would be interested in how much I'd get paid and what hotel they would put me up in if a subpoena ever popped up. Stranger things have happened.

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                        • #15
                          I had been gone from my old Sheriff's Office for about 2 yrs when I got a subpoena from a traffic accident I covered but it was in civil court. I might add that I had burned all my notes from the SO ( left on bad terms)

                          I remembered the accident and my state report was available. I testified to EXACTLY what was on my filed report and nothing more. NEITHER attorney was at all happy with my testimony but the final outcome of the jury was precisely what I had put down on my report (both parties were at equal fault)

                          I was in an academy class on the day of the trial and was allowed to attend (2 hrs away) by my new employer (the state dept of Corrections) on their dime. I had o turn my witness fees over to the state
                          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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