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    I got a letter from an attorney's office yesterday saying I was going to be Subpoenaed in the next week for a DUI arrested I made back in 2004. The attorney said I was being called as a witness in a Civil Custody trail. I talked with other deputies I work with and between us we couldn't figure out why they just don't pull the reports and court testimony.

    This got me to thinking how often does stuff like this happen. Any way's, what the longest it has been since you have been called back for a court case? I made this arrest back in October 2004, so right about three and half years for me.
    Some people were just dropped on their heads as children more than the rest of us!

  • #2
    I got a subpeona for a DV that occured 10 years ago..............
    The early bird may get the worm, but the second mouse gets the cheese.

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    • #3
      I've been on about as long as you (4 years) and I'm just starting to get a bunch of civil crap from field training. I guess it takes three or four years for the stuff to brew or for people to get around to trying to make a few bucks by suing each other.

      When you go in for the trial or deposition it will be something like this:

      Lawyer: "Officer can you tell me about the {insert offense} that you responded to 4 years ago?"

      You: "Uhh, no... which of the 400 {insert offenses} that I've been to in the last four years are you refering to?"

      Lawyer: "Would it help if you looked at the report you wrote? Here you go."

      You: " Well, it's my handwriting, but I really don't remember the incident"

      Lawyer: "Thank you for your time. Thats all the questions I have, you can go."

      You: "Uhh.. Ok, have a nice day."

      Laywer (to his secretary): "Bill the client $350 for all my hard work, I'm going to play golf with the judge so we can get this taken care of."
      "Why is common sense so rare?" - Me

      By the way.. They aren't "Clients" or "Customers" they're CRIMINALS... sheesh

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      • #4
        I hope it's that quick. In the letter I was sent it says I will be needed for two days. The part that really sucks is it's a 6 to 7 hour drive one way. The only thing I can remember about the incident is it was my first major MVA involving alcohol and it was raining at the time. I called my old department last night and they are going fax me the report tomorrow. I wounder if I'm putting too much effort into it by asking for a copy of the report.
        Some people were just dropped on their heads as children more than the rest of us!

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        • #5
          It couldn't hurt right? I was assaulted at my work one time by a patient and pressed charges. We needed to start showing that the staff was actually assaulted a lot more then was recorded. Although I didn't want to because I didn't remember it hurting or leaving a mark. But the patient was a druggy POS and was due for another visit to the court room. About a year went by and all of a sudden I get called to court. I didn't remember the incident from just seeing her name so I pulled up the report I wrote on it and checked it out. Turned out that it was for my benefit, if I hadn't read the report I would not have recalled anything the lawyer was asking me that day and the case would have just been dropped. She would have just gotten away with it and she needed the punishment. My situation is not as big as a DUI case but still it proves that you should just take a look at the report. Just incase you get there and remember the persons face and they wind up being the guy that really deserved it. Maybe he was driving with his kids in the car at .20? You never know.
          "All that is necessary for evil to succeed is for good men to do nothing." --Edmund Burke

          "We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would harm us." --George Orwell

          "So long as there are men, there will be wars."
          --Albert Einstein

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          • #6
            In 1975 I arrested a guy for ADW and Kidnapping a person from Las Vegas. In 1985 I got called to court in Kern County Calif to testify in a death penalty case as the suspect had kidnapped and murdered 3 people. I spent about 30 minutes on the stand recalling the facts of the arrest I had made 10 years earlier.
            Retired LASD

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            • #7
              We will not honor a subpeona out of our jurisdiction (unless federal) or circumstance similar to mentioned above. I'm not sure how it works but our agency accepts our subpeona's for us. Our attorney refuses them somehow and will make a point of argueing it in court on our behalf. If it isn't criminal and in our jurisdiction. Civil things inside our jursidiction are occasionally accepted but there are interesting things attached to it. With that being said I have never had to testify in a civil case from my invovlement in a work related incident. I hope to keep it that way.
              The early bird may get the worm, but the second mouse gets the cheese.

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              • #8
                Originally posted by nebraska_deputy View Post
                I got a letter from an attorney's office yesterday saying I was going to be Subpoenaed in the next week for a DUI arrested I made back in 2004. The attorney said I was being called as a witness in a Civil Custody trail. I talked with other deputies I work with and between us we couldn't figure out why they just don't pull the reports and court testimony. This got me to thinking how often does stuff like this happen. Any way's, what the longest it has been since you have been called back for a court case? I made this arrest back in October 2004, so right about three and half years for me.
                I'm guessing that although you already testified at a criminal trial, that testimony would still be hearsay in a civil trial.

                As for the reports, they are generally always hearsay unless made in the normal cours of business and not in anticipation of litigation.


                "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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                • #9
                  Originally posted by Monkeybomb View Post
                  We will not honor a subpeona out of our jurisdiction (unless federal) or circumstance similar to mentioned above. I'm not sure how it works but our agency accepts our subpeona's for us. Our attorney refuses them somehow and will make a point of argueing it in court on our behalf. If it isn't criminal and in our jurisdiction. Civil things inside our jursidiction are occasionally accepted but there are interesting things attached to it. With that being said I have never had to testify in a civil case from my invovlement in a work related incident. I hope to keep it that way.
                  Not sure how that will go. I looked at the state statue and the only thing I could find about not going to court was if it is an out of state Subpoena. The drive is several hours away, but it's still in the same state. I just got a copy of the report faxed to me and have read it over. I'm glad I did, because in his statements to me he admitted to what happen. Also there was two blood draws because the hospital messed up and drew his blood before I was able to read him his Post Chemical Arrest Form.

                  The only part that makes me not want to travel that far is it's going to cost me another $150 to 200 that week for Day care for making the trip that week. Also that's the week of our County Fair and all of us deputies off that weekend have to work mandatory OT the entire weekend for the fair. I guess I don't really have a problem with going back out there it's just the timing, I called the attorney and asked for some kind of alternative date, who knows will see what happens. There's just so much stuff going on that week it's going to suck.

                  I guess one good thing about going back up there is I'm going to get to ride and check out my old patrol areas. The sheriff told me maybe I'll change my mind and come back to work out there. hahahahaha My wife told me if that happen I would be going alone.
                  Some people were just dropped on their heads as children more than the rest of us!

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                  • #10
                    Ok that makes more sense. It was from a DUI in the same jurisdiction as the custody. I was thinking they were trying to drag you into a custody battle in a different juristiction over a DUI in your current jursidiction. Yeah I would have to honor that one too. Probably without being on the clock too.

                    Not sure but whomever subpeoned you may have to pay your travel expenses. Not sure how your state works. Here they send a check and hope you cash it and call it good. I have seen crazy amounts like 2 dollars...............
                    The early bird may get the worm, but the second mouse gets the cheese.

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                    • #11
                      For us, if it is a "must appear" criminal subpoena then we show up, or risk a body attachment warrant from the POed judge.......doenst matter how old the case is......

                      If it is a 'civil' subpoena, then they have to pay my agency a witness fee for me to show up, travel time ect.....then the agency pays me OT $$$$$, just like for every other court case I go to on my day off......
                      The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                      "Politicians are like diapers. They need to be changed often and for the same reason"

                      "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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                      • #12
                        As for oldest, I arrested a guy for DUI in 1995. He has been running ever since his arraignment and was picked up on a warrant I guess about 2 months ago, that's when I got the subpoena. Luckily they settled the case before I had to testify. I don't think my dept. would even have that report on file anymore
                        Today's Quote:

                        "The difference between stupidity and genius is that genius has its limits."
                        Albert Einstein

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                        • #13
                          Originally posted by LA DEP View Post
                          For us, if it is a "must appear" criminal subpoena then we show up, or risk a body attachment warrant from the POed judge.......doenst matter how old the case is......

                          If it is a 'civil' subpoena, then they have to pay my agency a witness fee for me to show up, travel time ect.....then the agency pays me OT $$$$$, just like for every other court case I go to on my day off......
                          As for days off yeah, it's going to be a one day trip on my day off one day of court on my day off. So both of my days off for the week. Then one day i would on shift for court and one day back. With the way my luck goes my department will make work the night I come back after the drive.
                          Some people were just dropped on their heads as children more than the rest of us!

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