- May 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## **Facing a Subpoena for Court Appearance**
A few months ago, I was issued a subpoena by the police to give evidence in court for a gun-related incident in my local shopping area. The situation has left me feeling anxious and concerned for my safety, especially with the recent increase in violent crimes in Sydney.
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## **Safety Concerns and Legal Obligations**
I am hesitant to go to court as the defendant may be able to identify me and potentially seek retribution at my local shops. Despite my fears, the NSW police have informed me that I must appear in court and cannot use any means to conceal my identity.
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****** just grabbed a
NAL.
If you have been subpoenaed and don’t attend you realise you can be arrested right?
You will need to comply.
– “They might seek retrobution” isn’t an excuse that’s going to hold up in court… everyone subpoenaed could give that.
– If you ignore it and don’t attend, you WILL get arrested and charged with contempt of court. You will then be compelled to testify (and no, you cant just refuse to answer questions), and if you refuse, charged again (cycle repeats until you comply, or end up in prison with all the criminals you’re worried about).
– Any lawyer will just charge you a few hundred dollars to tell you this ^. They can’t get you excused either.
Honestly, you’re probably watching too much news media if you’re this worried for your safety…
Failing to appear under subpoena is an offence. If you are concerned, you can speak to the duty solicitor at the courthouse, or contact a community legal centre for advice.
I can promise you, the defendant wouldn’t give two shits who you are. This will likely be one in a hundred other crimes they’ve been to court for over their life. Your face will blur into the sea of previous complainants and witnesses. They will be far, far more interested in getting their drugs, or their money, or fucking up whichever current grubby mate they currently have beef with, or fighting with their partner, or seeing their kids, than memorising the features of that one guy who came to court to answer a few questions about something they saw. Honestly mate, calm down.
Also, if you’ve been subpoenaed, then you gave a witness statement. If you gave a witness statement and its going to a trial, then the guy already knows your name and date of birth anyway. If you’ve not been troubled by him yet, you won’t be.
You’ve been subpoenaed and *must* attend. If you don’t a Bench Warrant for your arrest will be issued and you may well be charged with Contempt of Court – a very serious charge that can involve heavy fines or even jail time.
If you give evidence and the person is convicted they’ll have other and more pressing stuff to worry about than you.
Are there not rules to appear remotely or have a witness protection curtain?
Honestly mate, understand your reluctance entirely…
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From [https://www.fcfcoa.gov.au/gfl/subpoena](https://www.fcfcoa.gov.au/gfl/subpoena) :
# Does a person have to comply with a subpoena?
Yes. A person must comply with a subpoena unless:
* the subpoena was not served on the person in the way that the [Rules ](https://www.legislation.gov.au/Details/F2021L01220)require, or
* [conduct money](https://www.fcfcoa.gov.au/gfl/subpoena#conductmoney) was not provided.
If a person does not comply with a subpoena, the Court may:
* issue a warrant for the person’s arrest, and/or
* order them to pay any costs caused by the non-compliance.
Probably the same for NSW
Do any of the reasons not to appear apply to you?
there should be a phone number on the subpoena? pretty sure the only way out of it is to get a hold of the judge in the case and explain you dont want to testify due to safety concerns and see if they will cancel the subpoena.