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View Full Version : Question for Lawyers - Subpoenas



Soul_Patch
09-17-2010, 09:49 AM
Without getting into too much detail, my wife has been subpoenaed to court to testify in one of her ex-patients parole hearing.

The original court date was last Tuesday. She showed up, but they "forgot to bring the defendant from the jail", so it was rescheduled for today. She went today and they canceled it again and rescheduled it for Monday.

She had to burn a PTO day from her day job last tuesday to go to this hearing. She luckily had a day off today, so didnt have to leave work again. Monday is another work day in which she will have to burn yet another PTO day to go to this hearing...

This is ridiculous. Is there any way to get out of being subpoenaed, given the circumstances? Can they just rule your life until they decide its a good time to finally have the trial?

MannyIsGod
09-17-2010, 10:11 AM
Pretty sure your wife is going to get fucked either way but I don't think it can be held against her at work. I guess if she wants to get paid (if she's hourly) she will have to use that time but I don't think she should have to take it for a government order just to have an excused day off.

CosmicCowboy
09-17-2010, 12:32 PM
The parole hearing of an ex-patient? Like related to her job?

Why is she having to take personal days off? If it's job related they should be paying her.

And no, she can't get out of it. She will be in contempt of court if she skips it.

clambake
09-17-2010, 12:36 PM
is her performance in question?

TDMVPDPOY
09-17-2010, 01:27 PM
u can always ask to get deferred man...

thispego
09-17-2010, 01:34 PM
A lawyer may be the one thing we don't have on spurstalk. :lol

CosmicCowboy
09-17-2010, 01:41 PM
A lawyer may be the one thing we don't have on spurstalk. :lol

We have at least one that I know of...

SpursWoman
09-17-2010, 01:45 PM
I know of at least 3.

There are doctors, nurses, dentists, accountants, teachers ... MBA's, PhD's ...and lots and lots of uneducated-but-life-experienced know-it-alls to have pretty much every subject that comes up around here covered. :spin

thispego
09-17-2010, 01:59 PM
We have at least one that I know of...


I know of at least 3.
who's det?

MannyIsGod
09-17-2010, 02:17 PM
FWDT is one. Don't know who the other 2 are.

thispego
09-17-2010, 02:18 PM
I'll be dammed

silverblk mystix
09-17-2010, 02:20 PM
Your wife should give the subpoena to her workplace, maybe even ask her supervisors if the employer has an attorney to go with her,this way they have to do something.

She should, by law, be excused with pay by her employer.

If she says she would like some help from her employer it would ensure that the employer gets involved in some way.

I am not a lawyer, I'm just talking out my ass, unlike everyone else here-I am sure.

MannyIsGod
09-17-2010, 02:26 PM
Seems odd that they would be required to pay the employee. I can see them being required to be let off, but with pay?

Sportcamper
09-17-2010, 02:28 PM
...and lots and lots of uneducated-but-life-experienced know-it-alls to have pretty much every subject that comes up around here covered. :spin

It's like you really know me...

CosmicCowboy
09-17-2010, 02:32 PM
Seems odd that they would be required to pay the employee. I can see them being required to be let off, but with pay?

I got the impression the subpoena was job related since he said it involved the parole hearing of a "former patient". I could be wrong and he never clarified.

If the subpoena is really job related it would be major chickenshit of her employer not to pay her.

Soul_Patch
09-17-2010, 03:22 PM
Sorry had to head out to run some errands.

Follow up:

Yes it is work related, but she works a full time job during the day. She also does private practice work a few nights a week in the evenings for court mandated clients. Her day job has no affiliation to her night job, in fact im pretty sure they arent even aware of her night job.

She called the DA's office this afternoon and let them know that she had been down there twice, paid for parking, etc only to be sent away. She let her know that she could not miss work again on Monday to be there and that everything they needed to know regarding the prisoner was in her discharge papers.

The DA agreed, apologized, and that's that.....i hope.

Soul_Patch
09-17-2010, 03:28 PM
Note to those of you on parole for a sex crime.....follow the fucking rules!

This guy is probably in his early 30s now. Forced himself on some drunk girl at a party in college. Not your typical molester, just some stupid guy who was too drunk, involved with a girl that was too drunk....

Labeled a sex offender for life and was given a probation sentence. He never EVER followed his rules. Just never took it seriously. My wife had been warning him forever, but he just laughed it off. She finally had to terminate him...therefore he is most likely heading to prison now for 10+ years.....all for being a complete dumbass.....

clambake
09-17-2010, 03:31 PM
Note to those of you on parole for a sex crime.....follow the fucking rules!

This guy is probably in his early 30s now. Forced himself on some drunk girl at a party in college. Not your typical molester, just some stupid guy who was too drunk, involved with a girl that was too drunk....

Labeled a sex offender for life and was given a probation sentence. He never EVER followed his rules. Just never took it seriously. My wife had been warning him forever, but he just laughed it off. She finally had to terminate him...therefore he is most likely heading to prison now for 10+ years.....all for being a complete dumbass.....

OMG this is about ben rothlisburger, isn't it?

Soul_Patch
09-17-2010, 03:39 PM
OMG this is about ben rothlisburger, isn't it?

Lol it could be....but im sure Big Ben would have paid for his therapy. :)

MannyIsGod
09-17-2010, 03:48 PM
Note to those of you on parole for a sex crime.....follow the fucking rules!

This guy is probably in his early 30s now. Forced himself on some drunk girl at a party in college. Not your typical molester, just some stupid guy who was too drunk, involved with a girl that was too drunk....

Labeled a sex offender for life and was given a probation sentence. He never EVER followed his rules. Just never took it seriously. My wife had been warning him forever, but he just laughed it off. She finally had to terminate him...therefore he is most likely heading to prison now for 10+ years.....all for being a complete dumbass.....

Good riddance.

Soul_Patch
09-17-2010, 03:56 PM
Good riddance.

My thoughts exactly...

Just wonder how someone who got off so easy, could be such an idiot to risk going to freaking prison...all he had to do was stop going to bars and using the internet unmonitored...yet, he couldn't do it.....

Trainwreck2100
09-17-2010, 05:03 PM
Note to those of you on parole for a sex crime.....follow the fucking rules!

This guy is probably in his early 30s now. Forced himself on some drunk girl at a party in college. Not your typical molester, just some stupid guy who was too drunk, involved with a girl that was too drunk....

Labeled a sex offender for life and was given a probation sentence. He never EVER followed his rules. Just never took it seriously. My wife had been warning him forever, but he just laughed it off. She finally had to terminate him...therefore he is most likely heading to prison now for 10+ years.....all for being a complete dumbass.....


Dumbass pleaded guilty on something almost impossible to prove, barring video/eye witnesses, dumbass declarations, he should have walked

gospursgojas
09-17-2010, 06:05 PM
"Pretty sure your wife is going to get fucked either way" Do you mean from the front and back?

:lol

leemajors
09-17-2010, 07:19 PM
my ex wife skipped a subpoena for her married boyfriend's divorce (his now ex wife subpoenaed her because my ex "came clean" to her :lmao) and there is seemingly no penalty so far. they came to my house looking for her and i gave all the contact info I had for her, but somehow they didn't get it to her. she was pissed I did, but I am not having them come to my house for her dumb bullshit.

ashbeeigh
09-17-2010, 07:44 PM
I'm just surprised that the guy's lawyer didn't contact her to see if she available. Granted, a lot of the work I do is with kids...but I've always known lawyers to get in touch with treatment team members (whether current or former) to check to see if they are available for hearings. The lawyer was obviously a jack ass.