Appearing as a Witness for Crime Involving Firearms

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  • ENDuRUN

    Member
    Jun 13, 2021
    61
    A few young adults went on a shooting spree using pellet guns and rimfire rifles on cars and in the general direction of homes. We happened to be victimized by their senseless crime which cost us $450 for a new windshield, 3 hours cleaning glass out of my car, and a lot of explaining to my young children that these idiots weren't trying to hurt us, they were just negligent and wouldn't come back. I intend to use this situation as a learning experience for my kids when continuing to teach them about gun safety.

    Anyone ever been a subpoenaed as a witness? I haven't received any instructions from prosecutors and am unsure what to expect.
     
    Last edited:

    Matlack

    Scribe
    Dec 15, 2008
    8,555
    Yes. You should receive a court date and courtroom info. When you get there go to the prosecutor and check in. They should contact you before hand to get information from you. They usually ask you again about what they already spoke with you about. Then it's plea deal time. You will probably never testify.
     

    ENDuRUN

    Member
    Jun 13, 2021
    61
    Yes. You should receive a court date and courtroom info. When you get there go to the prosecutor and check in. They should contact you before hand to get information from you. They usually ask you again about what they already spoke with you about. Then it's plea deal time. You will probably never testify.

    That's good to hear. I don't really know why this is going to trial anyway, given the evidence they have against the defendant. Seems like it will likely be pretty cut and dry.
     

    ADR

    Ultimate Member
    Aug 17, 2011
    4,171
    That's good to hear. I don't really know why this is going to trial anyway, given the evidence they have against the defendant. Seems like it will likely be pretty cut and dry.

    It's going to trial because an arrest isn't a conviction and everyone is entitled to their day in court. I'm LE and I assure you I never want to see a day where the court isn't a part of the process.
     

    Mack C-85

    R.I.P.
    Jan 22, 2014
    6,522
    Littlestown, PA
    Show up!!!

    As soon as the Defense Attorney hears there are witnesses, he/she will be looking for a deal.

    I witnessed a drunk moron run a stop sign and get tee-boned by a marked MSP vehicle.

    I Show up at Court and I get met by a very happy SA. Seems both Troopers came down with the flu and Defense was pushing for dismissal due to no witnesses to confirm written statements. Told me to be in Court, but he expected to now get a plea. Total testimony....

    Judge: "is the witness, Mr. MackC85, in the Courtroom?"

    Me: "Present, Your Honor."

    Defense Attorney: "Your Honor, May we approach?"

    Bench conference ensues......plea is entered..
    Sentence is pronounced.....

    Judge: "Mr. MackC85 thanks for your participation today, and you are excused"





    Sent from my LG-G710 using Tapatalk
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,864
    Sometimes you get to testify and it's even more entertaining. My elderly, now-deceased dad's social security check was stolen and negotiated (apparently with many others'), and he was called to testify in U.S. District Court in D.C. After being sworn and taking the stand, the federal prosecutor asked him just a few questions that took mere seconds, including whether the forged signature on the back of the check was his. Afterwards, the prosecutor said thank you, no more questions. The defense had no cross exam.

    My wise-guy dad asked, "That's all?"

    The federal Judge turned to him and said, "No. When did you stop beating your wife?"

    I don't recall how or if he responded, because when he told the story, everybody broke out in laughter.
     

    Mack C-85

    R.I.P.
    Jan 22, 2014
    6,522
    Littlestown, PA
    Sometimes you get to testify and it's even more entertaining. My elderly, now-deceased dad's social security check was stolen and negotiated (apparently with many others'), and he was called to testify in U.S. District Court in D.C. After being sworn and taking the stand, the federal prosecutor asked him just a few questions that took mere seconds, including whether the forged signature on the back of the check was his. Afterwards, the prosecutor said thank you, no more questions. The defense had no cross exam.

    My wise-guy dad asked, "That's all?"

    The federal Judge turned to him and said, "No. When did you stop beating your wife?"

    I don't recall how or if he responded, because when he told the story, everybody broke out in laughter.
    Been there, done that.....

    Attempted murder trial where I (Paramedic) treated the victim. Having a Degree in Law Enforcement and having worked in LE, the Defense Attorney almost crapped a brick when my run report was entered into evidence. Yes, it documented the injuries to include a crude, but effective diagram of the locations of the stab wounds (four steak knife wounds between the shoulder blades in the victims back). The only question in cross examination was "Did you believe the wounds were life threatening?" PM Mack answers...."I flew her to Shock Trauma"

    Sent from my LG-G710 using Tapatalk
     

    Huckleberry

    No One of Consequence
    MDS Supporter
    Oct 19, 2007
    23,313
    Severn & Lewes
    You're not just a witness, you're a victim and you should seek victim's compensation from the 3 POS that shot out your windshield and scared your children..

    At least you should be eligible under the MVOC

    The 3 bastards need to pay restitution as well serve some time in the county jail.
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    You're not just a witness, you're a victim and you should seek victim's compensation from the 3 POS that shot out your windshield and scared your children..

    At least you should be eligible under the MVOC

    The 3 bastards need to pay restitution as well serve some time in the county jail.

    The victim role is also important. With restitution, victims are also afforded some opportunities such as the right to be informed of court proceedings and being given the opportunity to speak at a sentencing hearing.
     

    GBear

    Member
    Mar 16, 2021
    55
    Baltimore
    I was subpoenaed as a witness in a double murder trial. I found the bodies of my girlfriend and her mother, both shot in the head. The day I testified was intense. The prosecutor showed me autopsy pictures without warning so the jury could see my genuine reaction and raw emotions. And on cross examination the scumbag defense attorney tried to create reasonable doubt by claiming that I could have committed the murders. Needless to say, the guy got life no parole and I got images I will never forget even if I wanted to.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    I was subpoenaed as a witness in a double murder trial. I found the bodies of my girlfriend and her mother, both shot in the head. The day I testified was intense. The prosecutor showed me autopsy pictures without warning so the jury could see my genuine reaction and raw emotions. And on cross examination the scumbag defense attorney tried to create reasonable doubt by claiming that I could have committed the murders. Needless to say, the guy got life no parole and I got images I will never forget even if I wanted to.

    Wow. So sorry to hear about that. Just horrible. I would imagine that is something that will never be unseen or forgotten. All I can do is offer my prayers for healing and peace. Stay strong, buddy.
     

    MigraineMan

    Ultimate Member
    Jun 9, 2011
    19,109
    Frederick County
    Show up!!!

    As soon as the Defense Attorney hears there are witnesses, he/she will be looking for a deal.

    I witnessed a drunk moron run a stop sign and get tee-boned by a marked MSP vehicle.

    I Show up at Court and I get met by a very happy SA. Seems both Troopers came down with the flu and Defense was pushing for dismissal due to no witnesses to confirm written statements. Told me to be in Court, but he expected to now get a plea. Total testimony....

    Judge: "is the witness, Mr. MackC85, in the Courtroom?"

    Me: "Present, Your Honor."

    Defense Attorney: "Your Honor, May we approach?"

    Bench conference ensues......plea is entered..
    Sentence is pronounced.....

    Judge: "Mr. MackC85 thanks for your participation today, and you are excused"
    I had a similar experience. Executive Summary - Douchenozzle perp broke into my house, stole my stuff, bragged about it in the parking lot of his apartment down the street, was arrested. I provided police with a detailed list of stuff stolen.

    The District Attorney subpoenaed me as a witness for the prosecution. Subpoena was served to me by an off-duty police officer. I contacted the DA's office in Rockville to confirm the subpoena. They asked for an in-person meeting. I met with an ADA who was handling the case. We spoke for about an hour, and she described the questions she wanted to ask me, and gave me a basic outline of how the trial would progress. I was provided a phone number to call to confirm that the trial was still on-schedule, and was tasked with checking the status the night before. The morning of the trial, I was greeted by the ADA and the lead investigating MoCo Sheriff. Call to Order. Defense attorney immediately requested to approach the bench. Three minutes of animated discussion resulted in a plea deal and a 5-year sentence for the perp.

    Afterward, I had separate discussions with the ADA and the MoCo Sheriff. Both independently asked "You own a gun, right?" So began my quest to own a firearm ...
     

    ENDuRUN

    Member
    Jun 13, 2021
    61
    It's going to trial because an arrest isn't a conviction and everyone is entitled to their day in court. I'm LE and I assure you I never want to see a day where the court isn't a part of the process.

    Amen to that. Although, isn't it true that the majority of cases never go to trial?
    I assumed that they would have pled guilty already, but I suppose holding out until the court date could be advantageous.
     

    ENDuRUN

    Member
    Jun 13, 2021
    61
    You're not just a witness, you're a victim and you should seek victim's compensation from the 3 POS that shot out your windshield and scared your children..

    At least you should be eligible under the MVOC

    The 3 bastards need to pay restitution as well serve some time in the county jail.

    Correct. I have been in contact with the DAs office and have requested restitution for the amount of the damage caused by their actions.
     

    ENDuRUN

    Member
    Jun 13, 2021
    61
    I was subpoenaed as a witness in a double murder trial. I found the bodies of my girlfriend and her mother, both shot in the head. The day I testified was intense. The prosecutor showed me autopsy pictures without warning so the jury could see my genuine reaction and raw emotions. And on cross examination the scumbag defense attorney tried to create reasonable doubt by claiming that I could have committed the murders. Needless to say, the guy got life no parole and I got images I will never forget even if I wanted to.

    I'm so sorry. I can't imagine having to go through that. Just awful.
     

    jmiller320

    Ultimate Member
    Aug 7, 2008
    1,892
    Havre de Grace
    Going to court in Maryland as a witness is a joke. The first court day they will show up with out an attorney, and the judge will instruct them to get an attorney or public defender and then reschedule their first appearance. The second appearance day they will show up with their attorney and will ask for a postponement so the attorney can prepare for the trial. The judge will grant them more time and reschedule their trial date. The third appearance they will asked to be tries separately. The Judge will grant the request and reschedule their trials. The forth appearance they will ask for a jury trial and that will be granted and depending on how many defendants there will be that many more court days. This doesn't include getting a different Judge that doesn't know what the previous Judge instructed. Happened to me once and after three visits to the court house I raised my hand and informed the presiding Judge that they were given those instructions by another Judge and they ignored it. I already had my property returned the night it was stolen and told them I would not be coming back a forth time.
     

    Dogabutila

    Ultimate Member
    Dec 21, 2010
    2,359
    Amen to that. Although, isn't it true that the majority of cases never go to trial?
    I assumed that they would have pled guilty already, but I suppose holding out until the court date could be advantageous.

    Most cases do not go to trial.

    They are hoping that witnesses do not show up and they can argue that due to lack of witnesses the prosecution cannot prove the case. I've been to quite a few trials and never had to testify. For most crimes, generally lower level offenses, if the complaint is written well there's not really a way out of the charge for the defendant unless a witness doesn't show up, either to swear to their statement in court, or to admit evidence etc.
     

    ENDuRUN

    Member
    Jun 13, 2021
    61
    Most cases do not go to trial.

    They are hoping that witnesses do not show up and they can argue that due to lack of witnesses the prosecution cannot prove the case. I've been to quite a few trials and never had to testify. For most crimes, generally lower level offenses, if the complaint is written well there's not really a way out of the charge for the defendant unless a witness doesn't show up, either to swear to their statement in court, or to admit evidence etc.

    Good to know. I will definitely be there. Thankfully I get paid time off to appear in court. Still wish I didn't have to miss work on account of these jokers, but justice is important.
     

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