Legal Question in Criminal Law in Virginia

victimized twice

I was robbed in November of last year and the court in Harrisonburg, VA has decided to prosecute the criminals but requires that I appear as a witness. This is the second time they have summoned me; the first time they did not show. Am I obligated to show up? It is a hassle for me time-wise and financially to travel over 500 miles for something not worthwhile to me at this point in time.


Asked on 7/05/07, 9:55 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: victimized twice

If you haven't received an enforceable subpoena to appear on the day scheduled for trial, you are not (legally)obligated to appear. And, furthermore, if you live hundreds of miles beyond the borders of the Commonwealth, chances are that the subpoena with which you've been served by mail is not sufficient to compel your presence in Virginia.

Nevertheless, as the poster from the Commonwealth to the north has noted,

these robbers will undoubtedly get off

with impunity for their crime(s) if you fail to appear as the Commonwealth's chief(and likely only witness) in the matter.

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Answered on 7/06/07, 7:21 am

Re: victimized twice

You should speak to the prosecutor in Virginia, they may have victim-witness funds available to bring you court. Moreover, you should speak to a Virginia licensed attorney to discuss the jurisdiction and authority of their courts to compel your attendance at a proceeding. That said, if you do not appear to tesify as a witness, it may very well be that the Commonwealth of Virginia will not be able to prove that you were robbed.

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Answered on 7/05/07, 10:09 pm


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