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OT: Court- lawyer advice

RUfubar

Junior
Mar 1, 2007
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I have been involved in the treatment off and on of a patient for about 5 or 6 years.
He got himself into a jam and somehow I am being dragged into it. I do not even know the specific nature of the jam since nobody has revealed the specifics to me. But he has a public defender who has been contacting me and recently told me they want me in NB to testify about his treatment. This is a parole violation hearing and again I'm not even sure what was violated. I already sent my records to them and had conversations on the phone.
I do not know if he murdered someone or if he's been arrested for selling kilos of cocaine to kids. I offered to do testimony on zoom but prosecutor wants me live in person. I'm putting up roadblocks because I don't want to take the time and energy to go there and I don't even know what this is all about. Any advice on how i can get out of going there live ? Should I force them to subpoena me? Why would the public defender want me there as a potentially pissed off witness?
 
That's funny because I googled it and that's what they seem to say as well.
I've been through it once before. Even told the defense attorney I have no problem testifying but I run my own business who compensates me? So testified called a lawyer I know he said we'll get you money, they settled got a check in the mail for my time. Probably cheaper than paying for my lawyer costs.
 
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That is some solid advice. You branching out?
Experience I would not like to live again. Being a completely innocent party dragged into this
was just not right, just like @RUfubar is.

#1 I almost killed the certified letter delivery guy.
#2 Almost killed the defense attorney through the phone(I think the term is hostile witness, that was me on the stand)
#3 Almost killed the Contractor who got me involved

I came out from the experience nothing but pissed. Never did another job for anyone involved. One tried to call me for something all he got was, "you have to be fvcking kidding me!", click. The other knew better to never call again.
 
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Experience I would not like to live again. Being a completely innocent party dragged into this
was just not right, just like @RUfubar is.

#1 I almost killed the certified letter delivery guy.
#2 Almost killed the defense attorney through the phone(I think the term is hostile witness, that was me)
#3 Almost killed the Contractor who got me involved

I came out from the experience nothing but pissed.

Well #1 would have been an innocent victim. Have at #2 and #3.
 
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Well #1 would have been an innocent victim. Have at #2 and #3.
1st time in my life ever being served. As soon as I heard those words a sudden urge came over me to commence the lambasting. Later realized, that guy doesn't even know what's in the letter. So yea gave that guy a verbal and threating beating and he didn't deserve it. O well my bad.
 
Well after failing to pretend that I was a gardener and having my staff tell them I was out of the country.. they caught up and subpoenaed me. Well actually they subpoenaed my wife as a proxy for me. is there a way for me to contact the judge directly and to ask him to please leave me out of this. the truth is that the pandemic and my office and hospital is causing me enough to duress that I don't need to spend a day in court regarding some criminality a patient of mine got involved with even before I met him and had no knowledge of.
 
Knew a physician who was treating a person as their primary care over several years. Didn’t realize his patient was seeing a “ shrink ” also treating them for several mental abnormalities such as schizophrenia ... bi-polar... He prescribed a pain killer for them and unfortunately this patient O’D and died. When they found out the patient never revealed this to him he was subpoenaed into court... found negligent... suspended fir a year and totally screwed him and his practice up. Good Luck
 
You cannot contact the judge directly but you can make a motion to quash the subpoena. In the alternative you can motion for a video taped deposition for your testimony. Failure to comply with a properly served subpoena can result in a contempt of court proceeding.
 
Well after failing to pretend that I was a gardener and having my staff tell them I was out of the country.. they caught up and subpoenaed me. Well actually they subpoenaed my wife as a proxy for me. is there a way for me to contact the judge directly and to ask him to please leave me out of this. the truth is that the pandemic and my office and hospital is causing me enough to duress that I don't need to spend a day in court regarding some criminality a patient of mine got involved with even before I met him and had no knowledge of.
here's the lawyerly answer. You could move to squash the subpoena. Meaning, you file or have filed a Motion to not have to appear. You would have to explain why your testimony would not be relevant. The alternative is to ask for a video deposition. This would be done at a more convenient time and place. You could use Covid or your job as a basis to want to do it this way. The public defender or prosecutor would be hard pressed to reject this request. But once it costs them money to do, they might back off.

It sounds like your diagnosis or treatment is related to his defense and not the offense.

Unfortunately you don't get paid a lot, if anything to be a witness such as this. Good luck.
 
Experience I would not like to live again. Being a completely innocent party dragged into this
was just not right, just like @RUfubar is.

#1 I almost killed the certified letter delivery guy.
#2 Almost killed the defense attorney through the phone(I think the term is hostile witness, that was me on the stand)
#3 Almost killed the Contractor who got me involved

I came out from the experience nothing but pissed. Never did another job for anyone involved. One tried to call me for something all he got was, "you have to be fvcking kidding me!", click. The other knew better to never call again.

Many years ago I was a part time process server to make some extra cash.

If I were ever to go back to it I'll remember to stay far away from the farm.

P.S. Nothing says reexamine you life like sitting outside someone's home or business waiting to serve papers.
 
Experience I would not like to live again. Being a completely innocent party dragged into this
was just not right, just like @RUfubar is.

#1 I almost killed the certified letter delivery guy.
#2 Almost killed the defense attorney through the phone(I think the term is hostile witness, that was me on the stand)
#3 Almost killed the Contractor who got me involved

I came out from the experience nothing but pissed. Never did another job for anyone involved. One tried to call me for something all he got was, "you have to be fvcking kidding me!", click. The other knew better to never call again.
I mixed some concrete for fence posts, but beyond that, I will not try to compete with you on masonry work. Would never be able to even come close to what your crew did for us. 👍
 
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been subpoenaed many times--if I had to testify about a client we demanded a subpoena--but if your job is such that you can be called as an expert witness you should have already had a counsel on your "payroll"--asking a fb message board advice is silly and dangerous--get professional advice
 
What's wrong with giving up an hour or two of your time to help a paying customer in his time of need? It's not like he is asking you to donate one of your kidneys.
Seriously. I hope the OP never has a complaint about the Justice System given his desire to not participate in the fair & efficient application of it.
 
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fubar,
just send the court a link to this site and say you're a proud member.
More than likely you will be found mentally incompetent after the lawyers on both sides seeing
the way most posters interact. 🤪

But in all seriousness make sure you find out what's going on and the witness role you play if you can't get out of testifying.
If you are not informed, seek legal help before allowing any questions to be asked of you.
Don't take a chance that your professional reputation and/or practice will be adversely affected by testifying without knowing why you were made involved by your patient .
 
here's the lawyerly answer. You could move to squash the subpoena. Meaning, you file or have filed a Motion to not have to appear. You would have to explain why your testimony would not be relevant. The alternative is to ask for a video deposition. This would be done at a more convenient time and place. You could use Covid or your job as a basis to want to do it this way. The public defender or prosecutor would be hard pressed to reject this request. But once it costs them money to do, they might back off.

It sounds like your diagnosis or treatment is related to his defense and not the offense.

Unfortunately you don't get paid a lot, if anything to be a witness such as this. Good luck.
how does one explain why their testimony is not relevant though if they (per fubar's note) can't or are not allowed to know what the case is even about?
 
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Likely soon to be formerlyGreg2020.
😀

Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?
 
Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?
There's rules here?
Hahahahhahahahahahahahahahahahaha
 
Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?
I think he should be known by his other screen name, the one he uses on premium.
 
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Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?
"Too" not "two".
😜

FYI, he was already involved in the thread.
 
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Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?
giphy.gif









Shut up nerd, you done stretched it here.
Ironically im actually rockin that exact polo and shades right now. I think i look better tho. Humbly, of course.
 
here's the lawyerly answer. You could move to squash the subpoena. Meaning, you file or have filed a Motion to not have to appear. You would have to explain why your testimony would not be relevant. The alternative is to ask for a video deposition. This would be done at a more convenient time and place. You could use Covid or your job as a basis to want to do it this way. The public defender or prosecutor would be hard pressed to reject this request. But once it costs them money to do, they might back off.

It sounds like your diagnosis or treatment is related to his defense and not the offense.

Unfortunately you don't get paid a lot, if anything to be a witness such as this. Good luck.
this is correct because I'm being called as an expert witness but because it's a public defender then they don't have to pay me but they can compel me to give testimony on the side of the defendant for free even though I don't have anything to do with the defendants crimes and problems which predate me.I have already made the connections and contacted the judge through a mutual friend but the public defender's being a jerk about having me appear by video or zoom so I'm going to get somebody to file a motion to quash it.
 
here's the lawyerly answer. You could move to squash the subpoena. Meaning, you file or have filed a Motion to not have to appear. You would have to explain why your testimony would not be relevant. The alternative is to ask for a video deposition. This would be done at a more convenient time and place. You could use Covid or your job as a basis to want to do it this way. The public defender or prosecutor would be hard pressed to reject this request. But once it costs them money to do, they might back off.

It sounds like your diagnosis or treatment is related to his defense and not the offense.

Unfortunately you don't get paid a lot, if anything to be a witness such as this. Good luck.
Thanks again for this advice because my lawyer who I'm sure you know just filed a motion to quash but he said it could be difficult because it's a public defender driving the case for the defendant. The lawyers wife who represents the quash for me is close with the judge and herself a Rutgers professor who spends a lot of time dealing with drug court and addiction cases.
She's pretty pissed off that they're dragging me into this because I do a lot of work for Woodbridge township and help her out all out with her clients who are less than the righteous characters of society.
 
Thanks again for this advice because my lawyer who I'm sure you know just filed a motion to quash but he said it could be difficult because it's a public defender driving the case for the defendant. The lawyers wife who represents the quash for me is close with the judge and herself a Rutgers professor who spends a lot of time dealing with drug court and addiction cases.
She's pretty pissed off that they're dragging me into this because I do a lot of work for Woodbridge township and help her out all out with her clients who are less than the righteous characters of society.
All people are righteous and good ...
 
Some of us gotta work to support the people rioting and whining 🤷‍♂️🤷‍♂️🤷‍♂️

Sucks for you. I'd submit you've done as much whining about the virus and subsequent restrictions as anyone yet you said you had a great summer here.

Sounds like it all worked out huh?



At least it appears there'll be B1G football.
 
Sucks for you. I'd submit you've done as much whining about the virus and subsequent restrictions as anyone yet you said you had a great summer here.

Sounds like it all worked out huh?



At least it appears there'll be B1G football.
I have a great time anywhere I go. Im the life of the party guy
 
Like someone who violates Board Rule #3?

No attacking other posters. If you feel the need to harass another poster, don't do it. What is considered attacking other posters?
  • Bringing up their name in posts that they did not start or were not involved in, just to get a reaction from them.

Perhaps you two should be known as Formerly?

Weak
 
One word of Yes or No or a long one like"I don't know"are fast ways to get you out of the witness box.

Testified many times both in Municipal, County, State, Federal Courts, keep your answers short, don't anticipate the question and ask for a long question to be repeated and you'll be out of there in no timel
 
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