SWing'R Posted November 11, 2009 Report Share Posted November 11, 2009 (edited) Legal question for the LEO's, Lawyers, or anyone that may know the answer to this...My wife was a witness to an assualt in our neighborhood earlier this year, the people assualted were friends of ours and my wife (against my advisement) offered up her witness statement to the Columbus PD at the time.The case is (trying) to go to trial, she was subpeanoed (sp?) but it has been moved four times already, with less then 24hrs notice each time. She has had to take 4 vacation days from work now because of this and this game is getting old fast. Since she was only a witness and not involved in the altercation in any way can she withdraw her statement and back out of this thing???????? They have four other witness statements including three from people involved in the fight. Edited November 11, 2009 by SWing'R Quote Link to comment Share on other sites More sharing options...
Likwid Posted November 11, 2009 Report Share Posted November 11, 2009 I don't believe you can withdraw witness statement, but I believe there is a reasonable prudence on conflicts...Your best bet is to speak to the attorney and request to be used as a backup witness... and learning experience for your wife, don't take off work until they actually call you and say "come in right now" Quote Link to comment Share on other sites More sharing options...
Strictly Street Posted November 11, 2009 Report Share Posted November 11, 2009 I don't believe you can withdraw witness statement, but I believe there is a reasonable prudence on conflicts...Your best bet is to speak to the attorney and request to be used as a backup witness... and learning experience for your wife, don't take off work until they actually call you and say "come in right now"Ask if a sworn deposition will do the job.This tactic is a favorite of defense attorneys because it works. No witness, no case.Problem is that being subpoenaed now puts you in trouble with the court if you don't show. That would be bad. Quote Link to comment Share on other sites More sharing options...
SWing'R Posted November 11, 2009 Author Report Share Posted November 11, 2009 I don't believe you can withdraw witness statement, but I believe there is a reasonable prudence on conflicts...Your best bet is to speak to the attorney and request to be used as a backup witness... and learning experience for your wife, don't take off work until they actually call you and say "come in right now"If she just would have listened to me in the first place she wouldn't be in this mess! She never listens to me , anyway most employers need more notice then less then 8hrs notice that you are or are not going to be at work. This was scheduled for trial again today at 11am and she got notified yesterday afternoon that she did not need to come. How the hell can the judicial system expect people to keep putting their lives on hold while the damn lawyers screw around like this? Its not fair to her to have to burn up her vacation time and its not fair to keep jerking her empolyer around with short notices. Quote Link to comment Share on other sites More sharing options...
SWing'R Posted November 11, 2009 Author Report Share Posted November 11, 2009 Ask if a sworn deposition will do the job.This tactic is a favorite of defense attorneys because it works. No witness, no case.Problem is that being subpoenaed now puts you in trouble with the court if you don't show. That would be bad.I know thats the damn game they're playing, and yeah it does work, cause now we're tired of this shit. We could care less about the outcome of this case at this point, just want to either appear in court or not! Quote Link to comment Share on other sites More sharing options...
Anden Posted November 11, 2009 Report Share Posted November 11, 2009 Um she should not have to use vacation days for work to go to court her job is protected unless she did the crime. Quote Link to comment Share on other sites More sharing options...
gruss Posted November 11, 2009 Report Share Posted November 11, 2009 Um she should not have to use vacation days for work to go to court her job is protected unless she did the crime.+1 Exactly what I was thinking. If your subpoenaed and your not the defendant the company HAS to give you time off without penalty. I don't believe they have to pay you but she doesnt have to burn vacation days if she doesnt want to. Don't let em get off, lawyers jack around like this hoping no one shows and the scum get to go do it again to someone else. Quote Link to comment Share on other sites More sharing options...
Tonik Posted November 11, 2009 Report Share Posted November 11, 2009 If your subpoenaed and your not the defendant the company HAS to give you time off without penalty. I don't believe they have to pay you....Correct.It is the wifes choice, use vacation/personal days to get paid OR take unpaid days off. If she chooses unpaid time off the employer cannot penalize her in anyway. But either way she has to show up. At this point I would go unpaid and see if the employer will work with her on short notice..... Quote Link to comment Share on other sites More sharing options...
Likwid Posted November 11, 2009 Report Share Posted November 11, 2009 Um she should not have to use vacation days for work to go to court her job is protected unless she did the crime.Sounds about right, but every company's vacation policies are different. Some companies require you to take vacation if it's available, otherwise you take docked pay.+1 Exactly what I was thinking. If your subpoenaed and your not the defendant the company HAS to give you time off without penalty. I don't believe they have to pay you but she doesnt have to burn vacation days if she doesnt want to. Don't let em get off, lawyers jack around like this hoping no one shows and the scum get to go do it again to someone else.See above, I think you're right about companies not punishing you, but some companies REQUIRE you to take vacation if it's available.I know where I work they REQUIRE you to do Jury Duty if you are summonsed.... they WON'T write a note to get you out of it... AND it's paid time not subtracted from your vacation.For summons not related to jury duty I believe you can take earned time OR unpaid.... but I'd have to check Quote Link to comment Share on other sites More sharing options...
SWing'R Posted November 11, 2009 Author Report Share Posted November 11, 2009 Thanks guys for the replies, it is her choice to take the vacation days so as not lose any pay over this thing. We weren't not expecting it to keep going and going like this, thought "oh, no biggy, go to court one day, no problem, take a vac day". Well this crap is now a pain-in-the-ass but I guess she'll just have to keep playin the game as long as it takes. Quote Link to comment Share on other sites More sharing options...
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