summoned to court.

azaxr8 · 13-07-2008, 12:53 PM

Hey guys, Recently i've been summoned to court over events that i witnessed last year. As i have not been contacted since that night.
Which i left a statement of events for. I've made up my mind not to show.

I was just wondering on what i would be expecting to happen to me if i refused to showup to the court case?

jaydee · 13-07-2008, 12:59 PM

Quote:

Originally Posted by azaxr8

Hey guys, Recently i've been summoned to court over events that i witnessed last year. As i have not been contacted since that night.
Which i left a statement of events for. I've made up my mind not to show.

I was just wondering on what i would be expecting to happen to me if i refused to showup to the court case?

It's a Court summons, you have to go. If you don't the Magistrate may issue a warrant for you to be arrested.

Auslandau · 13-07-2008, 01:00 PM

Easy answer really ....... just dont show up and say hello to 'Bubba'

A summons is a court document and once served you are instructed to appear by law. If you dont show and you are required to be called, they can delay court proceedings and they arent to happy about that!

Why wouldn't you appear anyway if you can help out? It doesnt matter if you havnt been contacted. It can take years depending on events and there is no need for you to be contacted until they are ready to go!

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azaxr8 · 13-07-2008, 01:32 PM

judging on the events, i don't think it's neccesarilly important for me to go. I can't even remember what i said in my state of events. it was a saturday night when i was contacted and told to come and make a statement of events.

azaxr8 · 13-07-2008, 01:34 PM

but thanks anyway, as i was unsure what my consequnces for not appearing. I shall deffinetly be attending.

jaydee · 13-07-2008, 04:25 PM

Quote:

Originally Posted by azaxr8

but thanks anyway, as i was unsure what my consequnces for not appearing. I shall deffinetly be attending.

Get in touch with who's handling the matter, preferably who took your statement and get a copy of it so you know whats going on.

JG66ME · 13-07-2008, 04:31 PM

Quote:

Originally Posted by jaydee

Get in touch with who's handling the matter, preferably who took your statement and get a copy of it so you know whats going on.

Good advice. If you contradict your statment you could be in for a stressfull time under cross examination.

Advice re appearing as above, make sure you attend or you may be held in contempt of court. Jail time at the magistrate/judges discretion. No arguments.

Steve

FPV GT40 · 13-07-2008, 04:52 PM

Quote:

Originally Posted by azaxr8

Hey guys, Recently i've been summoned to court over events that i witnessed last year. As i have not been contacted since that night.
Which i left a statement of events for. I've made up my mind not to show.

I was just wondering on what i would be expecting to happen to me if i refused to showup to the court case?

As mentioned previously, the court will issue a warrant for your arrest if you do not show.

You should also have a copy of your statement, and know your statement, also only give evidence on what you have actually witnessed not what yon have heared from others etc etc.

**ebxr8240** · 13-07-2008, 05:56 PM

Yep they issue all statements to both parties..
You are better off going..Call it doing the right thing by your community...
Besides you won't win. I assume there would be a fine too...

JG66ME · 13-07-2008, 06:19 PM

Quote:

Originally Posted by FPV GT40

You should also have a copy of your statement, and know your statement, also only give evidence on what you have actually witnessed not what yon have heared from others etc etc.

Good points. Also dont offer opinion, answer the questions directly and honestly. Dont add anything to the answer that has not been asked for.

For example, if asked if it was raining, say yes or no. If the answer is yes dont say yes, and it was blowing a gale. If they asked what the weather was like you would answer "it was raining and blowing a gale"

Lots of good advice above.

DayTE · 13-07-2008, 11:39 PM

Usually it is written on the Summons somewhere what may happen if you don't attend. Usually, as most others have said, an arrest warrent may be issued. There are cases where you may not need to attend. But for a witness, chances are you will have to go.

If you can't remember what your statement said get in touch with the Department of Public Prosecution or whomever is handling the case. You should be able to get a copy of your statement.

Good luck with it.

azaxr8 · 14-07-2008, 10:07 AM

Quote:

Originally Posted by T6Ute

Usually it is written on the Summons somewhere what may happen if you don't attend. Usually, as most others have said, an arrest warrent may be issued. There are cases where you may not need to attend. But for a witness, chances are you will have to go.

If you can't remember what your statement said get in touch with the Department of Public Prosecution or whomever is handling the case. You should be able to get a copy of your statement.

Good luck with it.

Yeh as i work away i was only told i received the letter. Didn't really think to much about it.

Thanks for all the advice i shall contact them and get a copy of my statement of events from the night.

Once again thanks for all of the advice.

devilcv8 · 15-07-2008, 06:43 PM

Quote:

Originally Posted by azaxr8

Yeh as i work away i was only told i received the letter. Didn't really think to much about it.

Thanks for all the advice i shall contact them and get a copy of my statement of events from the night.

Once again thanks for all of the advice.

A summons needs to be handed to you personally, and if it was only posted without requiring a signature then chances are you can legally say you haven't received it. Then again I am talking abut many years ago in NSW where I was a witness to a car crash outside Milperra hotel. Got totally stuffed around before the driver changed his plea to guilty.

azaxr8 · 15-07-2008, 06:46 PM

cheers guys, help appreciated.