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  1. #1

    Default Unwilling witness

    My wife and I went to a mall with a recent acquitance of ours. She went into the JCPenny store my wife and I were seated outside the store on a bench. At one point she waved a shirt to us from inside the store. After about 20mins she came out and started saying something about the shirt. In less then a minute JCPenny LP officers came hand cuffed her and took her in the store. She apparently was wearing jewelry worth 500$ which is considered grand theft. She is a recent immigrant from India.
    Her attorney wants to prove that her intention was not to steal and that she came out side to talk to us. He wants us to give him a signed statement which reads something like this..
    she is a recent immigrant.. she waved us a shirt from inside... we did not understand what she wants ... she came out... LP detained her and took her away...
    My questions is
    1)Would signing such a statement or merely stating the facts in court get me or my wife in any kind of trouble such as being accused by JCPenny as co-conspirators etc.
    My objective is to stay out of the whole thing as far as possible. I am really pissed when I consider the fact that me and wife could have been in the store and could been arrested with her for her stupid/greedy actions.
    Thanks

  2. #2
    Join Date
    Apr 2006
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    Thumbs down Re: Unwilling witness

    Sounds to me like the only thing you were a witness to was her apprehension. You state that you were not involved in any way, then there is no need to be involved further. I am very familiar with that particular retailer and it's not LP's issue to neccesarily have to prove intent in all cases. We deal in facts...she entered, she selected, she did / did not conceal merch, we maintained unbroken observation, she passed the last point of sale and exited the store. Simple as that.

    I don't see the need for you to be involved if you so desire. The issue is between her and JCP. Besides, if she had concealed merch in a manner that her actions clearly show intent, then you definitely don't want to be involved. Just make sure you clearly state that to her attorney!

  3. #3

    Default Re: Unwilling witness

    Her Attorney is saying that he will subpoena us to come and testify if the case goes to trial . Can I refuse to be a witness. I have already told the attorney that I am not interested in being involved and he is sounding like I don't have a choice about it.
    Thanks in advance.

  4. #4
    panther10758 Guest

    Default Re: Unwilling witness

    I have actually been involved in a similar case and the same questions always comes up. How do you know (insert defendants name) intent? Can you read minds? Fact are simple regardless of intent you friend shoplifted fron JCP and met all criteria for LP to make a stop and regardless of State or local laws met requirements for theft.

  5. #5
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    Default Re: Unwilling witness

    Quote Quoting unwillingwitn
    View Post
    Her Attorney is saying that he will subpoena us to come and testify if the case goes to trial . Can I refuse to be a witness. I have already told the attorney that I am not interested in being involved and he is sounding like I don't have a choice about it.
    Thanks in advance.
    Don't know how things work in your state, but in mine if you are subpoena'd you have to answer it, but, the responsible attorney can be liable for your expenses. Or, you can have yourself declared a hostile witness. If I was in that predicament, I'd go, bill her attorney for expenses (missed day of work, $0.38 a mile, etc), because the Prosecutor will cross-examine you and that will clear the air for you.

  6. #6
    Join Date
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    Default Re: Unwilling witness

    Typically the witness is entitled to a statutory fee for appearing in court with a set formula for mileage reimbursement, and is not entitled to bill for time.

  7. #7
    Join Date
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    Default Re: Unwilling witness

    I was hoping Aaron would chime in.....my appearances have always been paid-time and mileage reimbursed. And always on the prosecutorial side of the house.
    I know how it works if you're called as a wit for the prosecution, have only heresay for wit(s) called for the defense. But what I have heard is the defense attorney doing the reimbursing.....guess they wanted to make sure their wit showed up.

  8. #8

    Default Re: Unwilling witness

    Looks like this matter might go to Trial. I had a another question. My wife is going overseas due a death in her family and is planning to stay there until early next year(2007). If both of us are subpoenaed can we respond that she is available on her return and that I am available to testify?
    Does anyone know the rules about being subpoenaed while your out of the country?
    In the meantime this lady is requesting that I atleast give a statement in my own words if I do not agree with her attorneys statement.
    I am just frustrated and feel coerced to co-operate to avoid going to court. What are my options? I would hate to have my wife comeback in the middle of her stay.
    Thanks everyone for your responses so far.

  9. #9
    Join Date
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    Lightbulb Re: Unwilling witness

    Now there's a question for Aaron or SeniorJudge......I'm no expert when it comes to that kind of stuff, but, I would think that her attorney would settle for a deposition from your wife...and possibly you too.

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