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Scenario: Subpoena to Court while at Basic training

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  • Scenario: Subpoena to Court while at Basic training

    Hello all I have yet another scenario question.

    I work for a Law Enforcement Agency, and as such I can be called on to testify in court. I am preparing to go to BCT and the thought crossed my mind, what would happen if I was subopenaed while at basic? Is that even possible? Would I have to leave and start Basic all over again? I really don't want that to happen, but there's not much I can do to control court dates for offenders etc.

    Thank you in advance.

  • #2
    Re: Scenario: Subpoena to Court while at Basic training

    SSD,

    I work in law enforcement agency as well and will be going to BCT in September. For my department we have a subpoena clerk that acts as a liaison between the department and the DA. I told her I would be gone and unreachable during my BCT schedule and she will decline any subpoenas that are issued to me. The DA where I'm at is somewhat good about working around vacations and such. Most likely they can continue a case and so forth. In California for a preliminary hearing we can testify under hearsay, so if you handled a case and other officers were part of the investigation, someone else can testify on your behalf but they have to be familiar with the case. With jury trials this wont work obviously and the case can be continued for 9 weeks. I just had a jury trial that was supposed to start in January and it went just two weeks ago due to continuances. I don't think they can compel you appear when you are in training or deployed. All the guys I work with that were deployed to Iraq and Afghanistan over the last 10 years have never been compelled to return to testify. Just give the DA a heads up on whats going on and I'm sure you'll be fine.

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    • #3
      Re: Scenario: Subpoena to Court while at Basic training

      Originally posted by CW001338 View Post
      SSD,

      I work in law enforcement agency as well and will be going to BCT in September. For my department we have a subpoena clerk that acts as a liaison between the department and the DA. I told her I would be gone and unreachable during my BCT schedule and she will decline any subpoenas that are issued to me. The DA where I'm at is somewhat good about working around vacations and such. Most likely they can continue a case and so forth. In California for a preliminary hearing we can testify under hearsay, so if you handled a case and other officers were part of the investigation, someone else can testify on your behalf but they have to be familiar with the case. With jury trials this wont work obviously and the case can be continued for 9 weeks. I just had a jury trial that was supposed to start in January and it went just two weeks ago due to continuances. I don't think they can compel you appear when you are in training or deployed. All the guys I work with that were deployed to Iraq and Afghanistan over the last 10 years have never been compelled to return to testify. Just give the DA a heads up on whats going on and I'm sure you'll be fine.

      Perfect, thank you that is exactly what I was hoping to hear. I am also in California, so I'm sure it's going to be somewhat similar for me as it is for you. As time grows nearer I'll talk to our secretaries and see how they intend to handle it.

      Thanks again brother.

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      • #4
        Re: Scenario: Subpoena to Court while at Basic training

        Hey guy just wondering if you guys are getting full pay or the diffrence in pay with your departments.....I"m a Full-time fireman and my cheif can't figure out how to do my pay since I get the difference and it's like i'm still there. Just wondering if you guys are dealing with this.

        Thanks

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        • #5
          Re: Scenario: Subpoena to Court while at Basic training

          Hi FireGuard,

          I receive 30 days of paid military leave a year. Once I surpass that 30 day mark, if I'm on voluntary orders the city will just abide by the rules set forth in the soldier/sailer act, ie, maitaining seniority, continuing to receive annual leave and stuff like that. However, If I'm on involuntary orders, the city will pay the difference in salary to that of the military.

          Hope that helps!

          Cory

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          • #6
            Re: Scenario: Subpoena to Court while at Basic training

            My understanding is that the subpoenad person cannot be subpoenad to a state court when your in another state.

            They may send you the papers but you are not obligated to show. That's what my Hon. parent said awhile back.
            Last edited by Chaplain4me; June 5th, 2011, 11:35 PM.

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