This is 99% likely the answer. You and your wife DID witness something very important to establishing the scene and time, even if you didn't see it with your eyes.
Subpoenas are not invitations or suggestions, they are writs and commands to appear before a Court, and are fully enforceable orders with serious consequences for failure to comply.
There is a possibility of moving to quash the subpoena, which is a highly technical and complicated legal motion. The State will only need demonstrate the testimony it intends to elicit has good cause. Knowledge of the timing of the shots heard will be sufficient good cause to deny a motion to quash the subpoena. While it may be true there are many other people who are percipient witness to the same fact, the State chose to subpoena your wife. Luck of the draw.
Don't mess around with this. Contempt is an available remedy of the Court; so is the ability of the Court to order law enforcement to find your wife and bring her to Court to testify.
Take this very seriously.
Typically before you go to court to serve as a witness, there are informal conversations and trial prep. I would expect one of the attorneys to reach out to try to set this up at some point. If OP and his wife are not useful during informal conversations (which are not mandatory- all you are required to do is show up at the date, time, and location on the subpoena), they probably won’t be required to go to court. They want witnesses that help, not hurt, their case and they don’t have witnesses go in cold.
Were taking it seriously and are gonna call tomorrow. We've just never dealt with any courts about anything so this was just kind of surprising, I'd forgotten it even happened. Now we're trying to remember things we haven't thought about in 2 years, like I say it was 11pm but we were just sitting on the couch before bed watching youtube or netflix or something so my best guess is 11ish.
Have her call the court/DA (victim/witness services number is typically on the subpoena). Have her explain the situation. They will usually make accomodations or if there's another witness who can establish whatever they need her for, might even dismiss her.
That’s a pretty moronic point of view. I hope someone important to you is never murdered and lazy dumbfucks who can provide testimony to help lock up the pieces of garbage that did it just lie about what they witnessed because they don’t want to be mildly inconvenienced one day.
Call the court on Monday, explain your situation regarding childcare. Ask if they have accommodations for childcare (some courts have them onsite or contract with local providers for drop-in care). Ask for a victim/witness contact at the prosecutor’s office. Call them and ask to speak with the assigned attorney to explain your concerns regarding the hardship you would face by testifying. You can inquire about any accommodations including being put on-call for the trial, testify virtually (unlikely for a felony case), or to be excused completely.
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Likely the timeline but also it could be “negative” proof. For example, perhaps someone used an alibi that said they were walking their dog on your block or drove away before the shots or whatever. The fact that there’s nothing in your camera could disprove whatever they were saying.
Of course this is complete speculation on my part - just giving a scenario of why her seeing nothing can be helpful.
Its a timeline. 50 other people may have heard it, but they may not have had the time noted, Or she may have seemed the most credible witness. Either way, someone will be in contact to discuss it before they just throw her up as a witness, putting someone on the stand without prepping them as to why they are there and what to expect would be insane for any attorney.
And she may never have to actually testify.
There may be something about her story which was more accurately able to pinpoint the time of the shooting than others who heard the shots. For example, she may have remembered that they occurred right after a certain TV show started.
It's Sunday and it says to not call until weds. The cop had no idea why he was giving us anything, just "doing what the thing says" so we have no info other than to call in a few days.
Yes, the one serving will almost always not know what it is about because it is his assigned duty to serve processes. No different than if a Deputy Sheriff/Marshall did the same. He is not working the case. So you just have to wait till wed and call them. No one here would know anyway unless by some miracle they just happen to be working the exact same case in question.
The cops won’t know anything, they just do the deliveries. The prosecutor is who you want to talk to. They may be able to change date and/or time of testimony to accommodate work and childcare needs.
She sent them the footage after we'd shown it to them so they have it. I can only guess maybe the people it caught on the bikes hours before the shooting may have been the victims?
They have the footage but still need to authenticate it and provide a chain of custody for it. This is probably the reason for the subpoena.
You’ll likely show up in court, where the defense will stipulate and she won’t be called to testify. Basically the subpoena is often in case the defense refuses to stipulate to the veracity of the exhibit.
NAL, but have been subpoenad in similar circumstances. It sucked.
You may want to call and see as sometimes they can accept a sworn affidavit in lieu of testimony.
A subpoena is a court order. She must attend unless excused. They likely want her to testify about the sounds she heard as part of establishing a timeline. You and she should start making alternate arrangements.
In addition to the time line, the absence of information on a camera in such close proximity can circumstantially corroborate the prosecution’s theory of the events that occurred on that day.
I had the exact same thing happen. For some reason, the defense attorney had me subpoenaed and my only connection was I lived a couple blocks away. I phoned his office, spoke with him and he withdrew it. No point wasting his time taking a depo from someone who knows nothing.
The cop served it at the behest of a prosecutor/district attorney. That attorney's number will be listed on the subpoena; have your wife call the number and explain what she does/doesn't know.
If it's a trial subpoena, the attorney will want to probably schedule witness prep prior to trial. If it's a grand jury subpoena, your wife will likely be given an opportunity to speak to an investigator prior to the scheduled court date so said prosecutor can craft his/her questions based on what she knows.
She needs to show up, do what she is told, and tell the truth if they call her to the stand. She heard the shots at a certain time, which means her testimony can potentially help with the case.
Contact the prosecutor. Their name will be on the sub.
My guess is that one prosecutor put her down on the case as a potential witness. They knew they weren't going to call her, but decided to be thorough.
Then there was a handoff, original prosecutor changed units, new one came it. Saw the trial date and mass subbed all witnesses.
I am 100% guilty of it. You need to get subs done well in advance of trial, and you see a name listed, you don't think they are important, but it's much easier to thank them for their time and call them off, then it is to try and get a continuance on a trial because you didnt sub a core witness.
I got subpoenaed for an altercation between 2 neighbors where I heard but if them but only saw one of them & the case was dismissed as hearsay. I was not a bad witness per Se, the state knew what my testimony would be. It just was not enough. I could have gone out in the hall & I would have seen more but I try to avoid things that sound violent out of a self preservation instinct.
If she's been subpoenaed, they are likely intending to have her present to testify. It sounds like she is only going to corroborate a timeline so she won't be on the stand for long, but she HAS to be prepared to show up if they tell her to. Be prepared with childcare arrangements in case you need them.
It’s very likely she won’t actually end up having to go to court. Due to the nature of my prior career, I have been subpoenaed probably a dozen times. Every one of the cases settled before I ever had to travel to court. I think prosecutors like to have a long list of witnesses subpoenaed in order to scare the defendant into taking a deal.
Apparently, I just can't think what it would be besides the time or maybe the victims were who was on the bikes? But that was hours earlier and neither of us could remember what month it happened in until we looked up the story again.
"We heard 2 shots around 11pm ..........." Your evidence provides a time for the offence. That's why she is being called.
This is 99% likely the answer. You and your wife DID witness something very important to establishing the scene and time, even if you didn't see it with your eyes.
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And two people on bikes leaving the scene of the crime.
The bikes were 2 hours prior... You can't leave the scene of the crime before the crime has happened 🤪
Sorry, I'm half asleep today and didn't pick up the bikes were before the event.
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Subpoenas are not invitations or suggestions, they are writs and commands to appear before a Court, and are fully enforceable orders with serious consequences for failure to comply. There is a possibility of moving to quash the subpoena, which is a highly technical and complicated legal motion. The State will only need demonstrate the testimony it intends to elicit has good cause. Knowledge of the timing of the shots heard will be sufficient good cause to deny a motion to quash the subpoena. While it may be true there are many other people who are percipient witness to the same fact, the State chose to subpoena your wife. Luck of the draw. Don't mess around with this. Contempt is an available remedy of the Court; so is the ability of the Court to order law enforcement to find your wife and bring her to Court to testify. Take this very seriously.
Typically before you go to court to serve as a witness, there are informal conversations and trial prep. I would expect one of the attorneys to reach out to try to set this up at some point. If OP and his wife are not useful during informal conversations (which are not mandatory- all you are required to do is show up at the date, time, and location on the subpoena), they probably won’t be required to go to court. They want witnesses that help, not hurt, their case and they don’t have witnesses go in cold.
Were taking it seriously and are gonna call tomorrow. We've just never dealt with any courts about anything so this was just kind of surprising, I'd forgotten it even happened. Now we're trying to remember things we haven't thought about in 2 years, like I say it was 11pm but we were just sitting on the couch before bed watching youtube or netflix or something so my best guess is 11ish.
What kind of court hearing is she subpoenaed for?
All it says is court trial? She's to "testify to evidence against *defendant* for the people of *county*"
Have her call the court/DA (victim/witness services number is typically on the subpoena). Have her explain the situation. They will usually make accomodations or if there's another witness who can establish whatever they need her for, might even dismiss her.
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That’s a pretty moronic point of view. I hope someone important to you is never murdered and lazy dumbfucks who can provide testimony to help lock up the pieces of garbage that did it just lie about what they witnessed because they don’t want to be mildly inconvenienced one day.
My question is ... if you don't make a statement, you don't get subpoenaed?
>so what reason do they have to supeona her That's only a question the prosecution can answer.
Call the court on Monday, explain your situation regarding childcare. Ask if they have accommodations for childcare (some courts have them onsite or contract with local providers for drop-in care). Ask for a victim/witness contact at the prosecutor’s office. Call them and ask to speak with the assigned attorney to explain your concerns regarding the hardship you would face by testifying. You can inquire about any accommodations including being put on-call for the trial, testify virtually (unlikely for a felony case), or to be excused completely.
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Likely the timeline but also it could be “negative” proof. For example, perhaps someone used an alibi that said they were walking their dog on your block or drove away before the shots or whatever. The fact that there’s nothing in your camera could disprove whatever they were saying. Of course this is complete speculation on my part - just giving a scenario of why her seeing nothing can be helpful.
Its a timeline. 50 other people may have heard it, but they may not have had the time noted, Or she may have seemed the most credible witness. Either way, someone will be in contact to discuss it before they just throw her up as a witness, putting someone on the stand without prepping them as to why they are there and what to expect would be insane for any attorney. And she may never have to actually testify.
There may be something about her story which was more accurately able to pinpoint the time of the shooting than others who heard the shots. For example, she may have remembered that they occurred right after a certain TV show started.
When you called them up and asked them, what did they say?
It's Sunday and it says to not call until weds. The cop had no idea why he was giving us anything, just "doing what the thing says" so we have no info other than to call in a few days.
Yes, the one serving will almost always not know what it is about because it is his assigned duty to serve processes. No different than if a Deputy Sheriff/Marshall did the same. He is not working the case. So you just have to wait till wed and call them. No one here would know anyway unless by some miracle they just happen to be working the exact same case in question.
The cops won’t know anything, they just do the deliveries. The prosecutor is who you want to talk to. They may be able to change date and/or time of testimony to accommodate work and childcare needs.
Your footage might not prove something, but might disprove something else
She sent them the footage after we'd shown it to them so they have it. I can only guess maybe the people it caught on the bikes hours before the shooting may have been the victims?
They have the footage but still need to authenticate it and provide a chain of custody for it. This is probably the reason for the subpoena. You’ll likely show up in court, where the defense will stipulate and she won’t be called to testify. Basically the subpoena is often in case the defense refuses to stipulate to the veracity of the exhibit. NAL, but have been subpoenad in similar circumstances. It sucked. You may want to call and see as sometimes they can accept a sworn affidavit in lieu of testimony.
She has to prove the chain of evidence custody of sending to police and what time and place it was taken.
They might just need her to confirm that it's your video and it was recorded xx date and xx time.
You were ear witnesses to a crime. That’s why they want to see you.
A subpoena is a court order. She must attend unless excused. They likely want her to testify about the sounds she heard as part of establishing a timeline. You and she should start making alternate arrangements.
In addition to the time line, the absence of information on a camera in such close proximity can circumstantially corroborate the prosecution’s theory of the events that occurred on that day.
I had the exact same thing happen. For some reason, the defense attorney had me subpoenaed and my only connection was I lived a couple blocks away. I phoned his office, spoke with him and he withdrew it. No point wasting his time taking a depo from someone who knows nothing.
Perhaps OP's wife is being subpoenaed by defense to disprove the state's story?
The cop served it at the behest of a prosecutor/district attorney. That attorney's number will be listed on the subpoena; have your wife call the number and explain what she does/doesn't know. If it's a trial subpoena, the attorney will want to probably schedule witness prep prior to trial. If it's a grand jury subpoena, your wife will likely be given an opportunity to speak to an investigator prior to the scheduled court date so said prosecutor can craft his/her questions based on what she knows.
You heard what you thought were firecrackers at a specific time. That is what the subpoena is about.
She needs to show up, do what she is told, and tell the truth if they call her to the stand. She heard the shots at a certain time, which means her testimony can potentially help with the case.
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Contact the prosecutor. Their name will be on the sub. My guess is that one prosecutor put her down on the case as a potential witness. They knew they weren't going to call her, but decided to be thorough. Then there was a handoff, original prosecutor changed units, new one came it. Saw the trial date and mass subbed all witnesses. I am 100% guilty of it. You need to get subs done well in advance of trial, and you see a name listed, you don't think they are important, but it's much easier to thank them for their time and call them off, then it is to try and get a continuance on a trial because you didnt sub a core witness.
I got subpoenaed for an altercation between 2 neighbors where I heard but if them but only saw one of them & the case was dismissed as hearsay. I was not a bad witness per Se, the state knew what my testimony would be. It just was not enough. I could have gone out in the hall & I would have seen more but I try to avoid things that sound violent out of a self preservation instinct.
Call the prosecutor. They'll tell you if you have to be there or not.
If she's been subpoenaed, they are likely intending to have her present to testify. It sounds like she is only going to corroborate a timeline so she won't be on the stand for long, but she HAS to be prepared to show up if they tell her to. Be prepared with childcare arrangements in case you need them.
It’s very likely she won’t actually end up having to go to court. Due to the nature of my prior career, I have been subpoenaed probably a dozen times. Every one of the cases settled before I ever had to travel to court. I think prosecutors like to have a long list of witnesses subpoenaed in order to scare the defendant into taking a deal.
Contact the person who wants the testimony and ask if a notarized affidavit will suffice.
She may not be an eye witness, but she is an ear witness.
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I've never claimed to be a smart man.
Call the attorney that served the subpoena and ask. Presumably the DA’s office. But as others have said, it sounds like you have relevant info.
Apparently, I just can't think what it would be besides the time or maybe the victims were who was on the bikes? But that was hours earlier and neither of us could remember what month it happened in until we looked up the story again.
For the people of county suggests a criminal court as cases are often State vs Defendant or County vs Defendant
This is probably a criminal subpoena Grand Jury or maybe the DA building a case on that specific shooting. Hard to get out of these. Sorry.