Legal Issues - Court Appearances

[WuLabsWuTecH]

I was just wondering, since I go to school about 500-600 miles from home, and will probably work in both locales, what happens when a court case comes up (as my instructors have told me inevlitably will) and my presence is requested in court 600 miles away from where I am?

First, how would they even get the subpeona to me?

Second, as a student, I have very limited means, will they pay for my travel or arrange for court provided transport otherwise? I can't afford to pay the 200 dollar plane ticket home and I don't have a car on campus! If it were a civil case I'd assume the party calling me would pay for my travel or the defense in the case of a criminal case, but if it were a criminal case and I was being called by the prosecution would the State pay for my travel?

Third, even if they did pay for travel, this would require a lot of time away from school; since cases last sometimes months, would whichever party is calling me schedule me to my convinience on a weekend or a school break?

Fourth, is video examination allowed for witnesses so if i showed up to a courtroom in missouri and had them swear me in could i testify via video to ohio?

Lastly, assumming no one bothered to get my a way to get to Ohio. Could I be held in contempt of court simply for not having the means to get 600 miles? If they did arrest me, contempt of court ends usually when the contempt stops and since I was not refusing to testify as soon as they transported me back to Ohio I would be released right?

A lot of hypotheticals I know but I'm a bit worried especially after an instructor told me he would not reccommend me working in two locales while in school as any legal case could get messy and require a lot of travel for me.

Thanks for your input in advance!
-Wu

 

[LucidResq]

Why on Earth are you going to school 500 miles away from home?

What I don't get is why you can afford to travel back and forth on a regular basis for school and work, but would not be able to afford travel should a court case come up?

And Jesus, you seem to be thinking about this in great detail, and nothing has happened yet! Relax, really. From what I've heard from medics/EMTs with years on the job... yes... court cases happen... but they're not going to happen like every 6 months and you're not going to be wasting months of your time on a court case. Unless it's your *** in trouble, you'll probably just be called out for a quick testimony.

And I'm no legal expert so correct me if I'm wrong here someone please, but can't they just subpoena your documentation of a call? Unless for some reason they really really really want to hear from you?

But overall, my advice would be to chill out. You're talking about being arrested for contempt of court over a situation that hasn't even happened yet. You're not even a practicing EMT yet, are you?

 

[LE-EMT]

In my experience travel costs are on you... But like lucid pointed out you seem rather worried about something that may never happen. I am curious as to why you are so worried..... Did you kill someone and they are trying to track you down? whats the deal?

Generally speaking it will depend on the case and how valuable your sworn statements and such would be to the case. Nothing I would really be worried about enless you have done something wrong already

 

[WuLabsWuTecH]

Ok, let's clarify a bit.

Why on Earth are you going to school 500 miles away from home?

The school i go to is a prestigious research institution ranked ahead of even some Ivy league schools and i think its a good investment for my future career.

What I don't get is why you can afford to travel back and forth on a regular basis for school and work, but would not be able to afford travel should a court case come up?

I can't travel back and forth between college and home as much as I would like. I only do so for school breaks, namely winter, summer and spring.

And I'm no legal expert so correct me if I'm wrong here someone please, but can't they just subpoena your documentation of a call? Unless for some reason they really really really want to hear from you?

I was talking about a subpeona to appear in court. In some jurisdctions these are known as summons.

But overall, my advice would be to chill out.

Probably a good idea, I was just worred after my instructor mentioned this to me today as he works an hour and a half from where he lives and said that getting to the courthouse up here from his home was a pain in the butt for some civil suit.

 

[karaya]

More likely you will be deposed first and probably better than 70% of the time not have to appear in court. The depositions, at least from my experience, are scheduled to fit into your schedule so this should make the travel issue a bit easier.

Lucid's right. It is pretty rare that medics get hauled into court on a frequent basis. A common practice that is used today are paid expert EMS witnesses. A couple colleagues of mine that write for JEMS do just that.

As a photographer, I've been deposed on several civil cases, but only had to appear in court just a couple of times. Usually these get settled before there is any court hearing.

Oh, and as to the question how they get the summons to you when you live out of town? They're called process servers and they get paid to track you down and serve you the summons.

 

[Jon]

Usually it is process servers, I guess. They've got to find you and have you accept the paperwork.

Although the only time I've been to court was for a minor issue last year at the hospital fair... I was working security for the hospital.

The PD had to leave the subpoena for me... they left one at the hospital, and dropped one off at the ambulance co. I volunteer at... they didn't have any contact info for me, so they tried the "shotgun" approach... everyone at the squad had a laugh. The month before, the same officer had stopped in the squad when I was there to have me identify the subject by photos. Ended up that the subject didn't show... I testified for the record with what I saw and did... really simple and easy.


I was also subpoenaed at the old full-time security job by the county DA's office... they called me, and faxed over the subpoena. The subject didn't show at the court hearing, and they decided they didn't need me when they rescheduled.

Both of these were for me to testify as the initially observing security officer, prior to the arrival of LEO's.

I've not been subpoenaed for anything EMS-related... but odds are it will happen. A friend of mine was recently hit with one for a call 2 years ago.

 

[Ridryder911]

Many states now alllow the process to include certified mail.. sorry, they can use that as well as processors. Even now, they "leave it with a responsible person".. in other words the secretary at work.

I would not say not to worry, but I agree it all depends upon the case. Civil case, they attempt to work with you as long as you are just a witness and not the defendant. In criminal prosecution, they usually do not care, as D.A.'s are on tighter schedules and budgets. They have the power and know it...

They personally do not care how it indisposed you.. again, they have the power if you are not there, you are in contempt. Yes, the Judge usually is irritated if you do not show up.

Just document well, and be aware of those potential case.

R/r 911