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Thread: Legal Question...

  1. #1

    Default Legal Question...

    So, in an effort to keep this short - my wife's grandfather bought a used car from someone and within a month or so it was stolen. The police spotted the car and arrested the guys that were in it that same night. Along with the car, they had stolen a lot of his tools (he likes to tinker on cars). Somehow, the guys that stole it had a key to his car. Because of this they're wanting my wife's grandfather to be at the hearing stating that he did not give them a key or permission to steal his car. Now, I can understand the reasoning behind this but the issue I have is the guy who is being charged with stealing the car has not shown up the hearing twice now and they keep asking my wife's grandfather to come back. He's 90 years old and like most people that are 90 years old it's hard for him to get around. Can they not take a written statement, video, whatever so he doesn't have to go back? My father in law said the DA unsympathetic and couldn't care less that it was difficult for them to get the court house. How many times can the guy being charged not show up?


    *EDIT: He lives in Davidson Co but the car was found in Wilson Co so that's who they're dealing with.
    Last edited by XXROCKYTOPXX; 03-01-2016 at 03:35 PM.

  2. #2

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    He was released on bond???????

    If he doesn't show up, a capias will be issued.

  3. #3

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    Quote Originally Posted by OrangeEmpire View Post
    He was released on bond???????

    If he doesn't show up, a capias will be issued.
    I have no idea. My wife's dad and grandfather are pissed they keep having to go up there and the guy who stole it hasn't shown up twice now. What is a capias?

  4. #4

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    Quote Originally Posted by XXROCKYTOPXX View Post
    I have no idea. My wife's dad and grandfather are pissed they keep having to go up there and the guy who stole it hasn't shown up twice now. What is a capias?
    An order of arrest

  5. #5

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    Quote Originally Posted by OrangeEmpire View Post
    An order of arrest
    I'm no legal expert but I would think failing to appear twice would be sufficient grounds for such a thing.

  6. #6

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    Quote Originally Posted by XXROCKYTOPXX View Post
    I'm no legal expert but I would think failing to appear twice would be sufficient grounds for such a thing.
    Yeah, the situation as described, is a bit odd.

  7. #7

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    Quote Originally Posted by OrangeEmpire View Post
    Yeah, the situation as described, is a bit odd.
    What's the deal with them making him come back? Why can they not accept a sworn statement, written statement, video, conference call, etc?

  8. #8

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    Quote Originally Posted by XXROCKYTOPXX View Post
    What's the deal with them making him come back? Why can they not accept a sworn statement, written statement, video, conference call, etc?
    This does not allow for cross examination by the defense.
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  9. #9
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    The first time that the State fails to present a witness, the defense will pounce.

  10. #10

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    Quote Originally Posted by rbroyles View Post
    This does not allow for cross examination by the defense.
    Seems like at some point you forfeit that right. I guess they aren't likely to allow such a forfeiture to prevent shenanigans that might oppress the little guy, but this guy doesn't deserve a chance to grill the old man he ripped off.

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    Quote Originally Posted by kptvol View Post
    Seems like at some point you forfeit that right. I guess they aren't likely to allow such a forfeiture to prevent shenanigans that might oppress the little guy, but this guy doesn't deserve a chance to grill the old man he ripped off.
    I think he deserves a chance, but I also think he's clearly forfeited it.
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  12. #12

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    Quote Originally Posted by IP View Post
    I think he deserves a chance, but I also think he's clearly forfeited it.
    Picking and choosing who deserves a chance would not fit in with our bill of rights, but this pos should be in jail for failure to appear.
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  13. #13

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    Quote Originally Posted by rbroyles View Post
    Picking and choosing who deserves a chance would not fit in with our bill of rights, but this pos should be in jail for failure to appear.
    His chance is guaranteed by the confrontation clause of the Constitution and is unwaiveable. The continuance may involve defense counsel somehow.
    Don't know the specific procedures of wilson Gen sessions court buy I have a close friend who practices there. Also, I have a classmate working there as an assistant da. Depending on how they schedule their preliminary hearings, they may be able to have the victim on call if he could get to the courthouse fairly quickly if a preliminary hearing is a definite go

  14. #14

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    Quote Originally Posted by Tenacious D View Post
    The first time that the State fails to present a witness, the defense will pounce.
    This is what was explained to me. The defense in my situation kept playing games in hopes I would get fed up and say screw it. I didn't, he eventually got off with 5 days.

  15. #15

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    Quote Originally Posted by OrangeEmpire View Post
    He was released on bond???????

    If he doesn't show up, a capias will be issued.
    A capias should have already been issued. It probably has.

    No, the written statement, video, etc. are all hearsay.
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  16. #16

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    Quote Originally Posted by XXROCKYTOPXX View Post
    I'm no legal expert but I would think failing to appear twice would be sufficient grounds for such a thing.
    That's correct. Indeed, not appearing once is plenty sufficient and in Virginia it absolutely results in a capias.

    And a capias is just fancy latin for a bench warrant. He probably also picked up a failure to appear charge, which is self explanatory, but it's just a separate offense for not showing up. They're usually dismissed if you show up the next time with some kind of reasonable excuse as to why you missed before.
    Balls deeep... "I pretty much love all of the fast and furious movies."

  17. #17

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    Quote Originally Posted by Tenacious D View Post
    The first time that the State fails to present a witness, the defense will pounce.
    No. Usually, the state just requests a continuance, and they get it.
    Balls deeep... "I pretty much love all of the fast and furious movies."

  18. #18

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    Quote Originally Posted by IP View Post
    I think he deserves a chance, but I also think he's clearly forfeited it.
    Your right of confrontation isn't just forfeited.
    Balls deeep... "I pretty much love all of the fast and furious movies."

  19. #19

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    Quote Originally Posted by kidbourbon View Post
    A capias should have already been issued. It probably has.

    No, the written statement, video, etc. are all hearsay.
    Yup

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    Quote Originally Posted by kidbourbon View Post
    Your right of confrontation isn't just forfeited.
    I know it isn't, but it is shitty to not show up for court twice.
    Quote Originally Posted by Tmac61 View Post
    I tried. I will continue to embarrass you in front of your friends.

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    I really like it when the cops and lawyers drop knowledge on these things.
    Quote Originally Posted by Tmac61 View Post
    I tried. I will continue to embarrass you in front of your friends.

  22. #22

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    Quote Originally Posted by IP View Post
    I really like it when the cops and lawyers drop knowledge on these things.
    Absolutely. I appreciate the responses guys and will let you guys know what happens. Thanks again

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