idodishez Posted December 7, 2011 Report Share Posted December 7, 2011 For the legally versed on here. Can a minor be served? My son was witness to a car accident. Cop called wanting my son to call the PD, to issue him a subpoena. Would that even be considered valid?NoBama 2012 Quote Link to comment Share on other sites More sharing options...
Beegreenstrings Posted December 7, 2011 Report Share Posted December 7, 2011 Not that I know of. But what are you calling a minor. Between the ages of 16-18 I think it is actually a decision a judge can make, if it is OK for the minor to be put on the stand. Quote Link to comment Share on other sites More sharing options...
YSR_Racer_99 Posted December 7, 2011 Report Share Posted December 7, 2011 Scruit will be along in a moment... 1 Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted December 7, 2011 Report Share Posted December 7, 2011 Yes he can be subpoenaed. Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 7, 2011 Author Report Share Posted December 7, 2011 He's 17. I just thought it odd that the cop wanted MY SON to call the PD so he could be subpoenaed. Um, wouldn't I have to be there? I said "you are aware he's a minor, correct?". He didn't seem real confident NoBama 2012 Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted December 7, 2011 Report Share Posted December 7, 2011 When I worked at Juvenile Detention we had kids get subpoenaed all the time normally the parents were present in the court but we did have some where the kid testified without the parent being there but those were kids in our custody. Once subpoenaed he must appear unless excused by presiding judge just like the rest of us. Quote Link to comment Share on other sites More sharing options...
SJC1000rr Posted December 7, 2011 Report Share Posted December 7, 2011 (edited) Yes its legal and fine. Anyone can be subpoenaed to court. Your son isn't involved in the case criminally, hes a witness to a crash. A minor can also be interviewed criminally without parents present as long as the miranda is read to them and witnessed to another officer. However, most departments/prosecutors wish to have a parent/guardian present at the time to ensure that the court will accept it. Esp if the child is of a young age, say under 15.As for appearing in court, only your son would have to be there to testify if needed. You would be more then welcome to appear also as the parent/guardian, but you would not be required to be there legally. Edited December 7, 2011 by SJC1000rr Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 7, 2011 Author Report Share Posted December 7, 2011 As for appearing in court................. you would be required to be there legally.Assuming this is a typo and meant to say NOT be required to be there legallyThanks for the info guys. HelpfulNoBama 2012 Quote Link to comment Share on other sites More sharing options...
SJC1000rr Posted December 7, 2011 Report Share Posted December 7, 2011 Yep, phone typo there. Not required sorry. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 7, 2011 Report Share Posted December 7, 2011 Cop called wanting my son to call the PD, to issue him a subpoena.you can't serve a subpoena by phone... Quote Link to comment Share on other sites More sharing options...
Josh1234 Posted December 7, 2011 Report Share Posted December 7, 2011 (edited) you can't serve a subpoena by phone...LOL, I think he called to get him down to the station, so he COULD be subpoena'd... lazy bastich Edited December 7, 2011 by Josh1234 typos Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 7, 2011 Report Share Posted December 7, 2011 ...but why would he go?If the parties want you there that badly, they will find you. Service of subpoena's to people who are trying to avoid them is a cottage industry."hey, can you come down to the station to get this piece of paper that requires you to appear in court" is not usually how it goes... Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 7, 2011 Author Report Share Posted December 7, 2011 LOL, I think he called to get him down to the station, so he COULD be subpoena'd... lazy bastich ThisNoBama 2012 Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 7, 2011 Author Report Share Posted December 7, 2011 ...but why would he go?If the parties want you there that badly, they will find you. Service of subpoena's to people who are trying to avoid them is a cottage industry."hey, can you come down to the station to get this piece of paper that requires you to appear in court" is not usually how it goes...Or to arrange a meeting? May have sumn to do w fact we just moved. He may have tried personally serving at old house for all I know. NoBama 2012 Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 7, 2011 Report Share Posted December 7, 2011 It just seems odd to me that a witness would cooperate with police to the point of giving statements by phone, coming down to the station to be interviewed, but then suddenly change his tune when asked to show up for court.I don't see the need for the police's (alleged) deception with someone who has been totally willing to help them out thus far.If they're uncooperative from the start, then yeah, it would be no surprise that they would be tricked into accepting service. Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 7, 2011 Author Report Share Posted December 7, 2011 Not sure where you're going w that, or if that's even directed at me/my son. Son was willing to help. Now he's being called to testify. Subpoena is just the way to confirm notification. NoBama 2012 Quote Link to comment Share on other sites More sharing options...
Scruit Posted December 8, 2011 Report Share Posted December 8, 2011 I've been served subpoenas from Municpal and Common Pleas courts. The Common Pleas court served me in person via a Deputy to my house and I had to sign to say I'd been served.The municipal court just sent be the subpoena in the mail, not even registered.If service is in person then I'm guessing it's a common pleas case... Quote Link to comment Share on other sites More sharing options...
MeefZah Posted December 8, 2011 Report Share Posted December 8, 2011 It just seems odd to me that a witness would cooperate with police to the point of giving statements by phone, coming down to the station to be interviewed, but then suddenly change his tune when asked to show up for court.You have no idea... Victims / witnesses are cooperative on scene but usually want no part of going to court... If service is in person then I'm guessing it's a common pleas case...Not at all. We try to serve all papers in person, because then if Joe Blow doesn't show up, we can affirm that we did serve them and they accepted the subpoena.If that is impractical, we can serve them by leaving a copy at their residence.Another means of service is to call the witness, advise them of the subpoena, and ask them to pick it up some time that is convenient for them at the P.D. This is most likely what happened in the OP's case, and yes, it is totally legal to subpoena a minor without their parents being notified. The kid isn't the defendant, he's not being charged, so why would the court / police bother to notify the parent? Presumably, the kid would tell his parents that he is a witness in a case and they would find out that way. If he doesn't tell ma and pa... well, that's not the court's problem. Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 8, 2011 Author Report Share Posted December 8, 2011 ......and yes, it is totally legal to subpoena a minor without their parents being notified. The kid isn't the defendant, he's not being charged, so why would the court / police bother to notify the parent? Presumably, the kid would tell his parents that he is a witness in a case and they would find out that way. If he doesn't tell ma and pa... well, that's not the court's problem.Well is it the courts problem, or the kids problem, or the PARENTS probelm when the witness doesn't show up to court, because he is a minor and may not understand the ramifications of what's going on? For arguments sake, let's assume he's not 17 and almost an adult. Let's assume he's 12. Old enough to say what happened at a car accident. But is the court really going to hold a 12 year accountable and responsible for showing up (or NOT) to court? Can I assume there are consequences for not showing up? If so, I dont see how a MINOR can sign and be responsible for a subpoena. They can't make any OTHER legally binding decisions w/o the condent of a parent/guardian. NoBama 2012 Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 10, 2011 Report Share Posted December 10, 2011 Regular mail, and even certified mail are only acceptable forms of service if there are other cicumstances that make personal service impossible. Calling to tell someone to pick it up doesn't sound adequate to me. Prove you were talking to the party being subpoenaed. You can't. That's why personal service is the preferred method. Quote Link to comment Share on other sites More sharing options...
MeefZah Posted December 10, 2011 Report Share Posted December 10, 2011 Well is it the courts problem, or the kids problem, or the PARENTS probelm when the witness doesn't show up to court, because he is a minor and may not understand the ramifications of what's going on? For arguments sake, let's assume he's not 17 and almost an adult. Let's assume he's 12. Old enough to say what happened at a car accident. But is the court really going to hold a 12 year accountable and responsible for showing up (or NOT) to court? Can I assume there are consequences for not showing up? If so, I dont see how a MINOR can sign and be responsible for a subpoena. They can't make any OTHER legally binding decisions w/o the condent of a parent/guardian. I don't know of too many cops that would serve a 12 year old as a witness in any kind of action. If a 12 year old is your witness, they obviously live with an adult guardian, and you would serve that person. The subpoena would then be pretty clearly spelled out "for Joe Blow in care of Joan Blow". Big difference between 12 and 17. Calling to tell someone to pick it up doesn't sound adequate to me. Prove you were talking to the party being subpoenaed. You can't. That's why personal service is the preferred method.You aren't serving it on the phone, you are calling them to tell them to come get it.If you call them and they never come to pick it up, they have never been served, so there is no issue for them failing to appear in court.If they do pick it up, you can confirm who they are and give it to them, in that case, if they fail to appear at court there is an issue. Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 10, 2011 Author Report Share Posted December 10, 2011 I don't know of too many cops that would serve a 12 year old as a witness in any kind of action. If a 12 year old is your witness, they obviously live with an adult guardian, and you would serve that person. The subpoena would then be pretty clearly spelled out "for Joe Blow in care of Joan Blow". Big difference between 12 and 17. .No there's not. They are BOTH minors, and both live with a parent/guardian. 2, 12, or 17. They are ALL minors in the eyes of the law I said 12, for arguments sake. So for arguments sake, you say 12 is not realistic? Ok then, what IS the magic age (cut off line) where a MINOR can be held liable for not showing up to court? 13? 15? 16? Show the law to me where this age is specified. The cutoff age, is 18. Where they are adults, and are legally recognized as being able to make adult decisions, and be heldto adult consequences. As a minor, (no matter HOW old) I am (legally) responsible for what my child does or doesnt do. So wouldn't it stand to reason that I would have to sign on the minors behalf, just like any other legally binding decision or action? (school, doctors, bills, apartment, credit cards, court, and on and on). I can't think of one instance where a minors signature would be legally binding (without the consent of an adult) Am I wrong?NoBama 2012 Quote Link to comment Share on other sites More sharing options...
MeefZah Posted December 10, 2011 Report Share Posted December 10, 2011 No there's not. They are BOTH minors, and both live with a parent/guardian. 2, 12, or 17. They are ALL minors in the eyes of the law I said 12, for arguments sake. So for arguments sake, you say 12 is not realistic? Ok then, what IS the magic age (cut off line) where a MINOR can be held liable for not showing up to court? 13? 15? 16? Show the law to me where this age is specified. The cutoff age, is 18. Where they are adults, and are legally recognized as being able to make adult decisions, and be heldto adult consequences. As a minor, (no matter HOW old) I am (legally) responsible for what my child does or doesnt do. So wouldn't it stand to reason that I would have to sign on the minors behalf, just like any other legally binding decision or action? (school, doctors, bills, apartment, credit cards, court, and on and on). I can't think of one instance where a minors signature would be legally binding (without the consent of an adult) Am I wrong? You asked a question, I answered it based on my experience. If you don't like my answer and feel it is inaccurate, then by all means encourage your kid not to go to court, and report back on the results.To address a few points from the quoted post:18 is the age of adulthood, but not the generally accepted age of "responsibility", for lack of a better term. A 15.5 year old can drive on a permit, for example. To build on that example, if I stop your precious 15.5 year old daughter for texting while driving, she will be the one signing the ticket, not you. So there's your one example that you asked for. Look at laws governing age of consent for sexual relations, you will find that 16 is a common limit, in some states it is 14. Look at privacy regulations for healthcare, especially minor females who are pregnant. Again, under the age of 18. A subpoena is issued by the court at the request of either the prosecutor (or plaintiff in a civil case) or the defense. The court, when issuing it, takes note of the witnesses age and, if they feel it is an issue, will specify that the subpoena is served "in care of" the guardian, as I explained in a previous post. Thus, there is no specific cut of age, but I would say as a general rule if the kid is of driving age then they can deal with the subpoena themselves.In a lot of cases of personal subpoena service, the person being served doesn't even have to sign. The officer issuing it notes that it was hand delivered and is able to attest to the service being made. In that case especially, junior wouldn't be signing anything. Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted December 10, 2011 Report Share Posted December 10, 2011 If he is willing to cooperate and testify why is this even an issue? The fact that your son was a witness and admitted that he was is very admirable you should be very proud of him and encourage him to help in the case in anyway possible. I would say you did a good job raising him and teaching him values and responsibility. Quote Link to comment Share on other sites More sharing options...
idodishez Posted December 10, 2011 Author Report Share Posted December 10, 2011 It's not really an issue. It just morphed into a debate. A friendly one I hope. By no means am I going to encourage him to not go to court. Again, it was debate, on an issue I'm still not sure I agree with. Wouldnt have thought a minir cound be served and held liable for not showing up. But you make some valid points. While he may be of legal driving age, he only has a permit and can't drive himself. While I'm very proud of him for doing the right thing here, he's not exactly a shining example of responsibility. So I do wonder if he'll find a way there and remember to show up. Guess if he doesn't this will be another life lesson. NoBama 2012 Quote Link to comment Share on other sites More sharing options...
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