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.
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?
I'm no legal expert but I would think failing to appear twice would be sufficient grounds for such a thing.
What's the deal with them making him come back? Why can they not accept a sworn statement, written statement, video, conference call, etc?
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.
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
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.
A capias should have already been issued. It probably has. No, the written statement, video, etc. are all hearsay.
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.
