Summons to appear as victim witness in OOS court over credit card skimming case

Parent Cafe
1

Husband and I were in Boston for our grandson’s birth last June. That weekend, apparently H’s credit card was skimmed. We only learned this when a detective from a Boston area suburb called to say they had caught the guy trying to use the card info again. Only later did some charges we had not made (at liquor stores!) appear on our bill. Credit card company removed the charges, and we congratulated the detective on the catch of the criminal.

Later on, H was sent a “victim impact” statement to complete. He said he had had no losses, as the credit card company had taken the hit for the charges.

Months subsequent to that, he was sent a summons to appear as a victim witness, in a court in a suburb of Boston where the guy had been caught, I guess when he was trying to use the skimmed card info.

Problem for us is that we live in PA, about six hours from Boston. DA’s office says H must appear or they will have to drop the case, and H is legally required to obey a summons. H asked if he can supply an affidavit instead, but they said no, he must appear. We never saw the perpetrator, don’t see how H can help the case as he had no awareness of what took place.

H is guessing that the perpetrator will eventually make a plea deal, and that the DA is using the threat of a victim appearance as leverage. But it is getting close to the court date, and no movement. H will have to take time off from work and travel midweek to make the court appearance. Would we have to do that if we lived in Hawaii?

We are solid citizens but it seems we are paying for this crime and being inconvenienced more by the summons than we were by the skimming.

Anybody have any familiarity with this type of situation?

Fortunately, H is in a position to do this, but is taking vacation time to comply with the summons. (He will also visit D and her family the weekend after, so not a total loss.) But still, hard to believe this inconvenience can be forced on us.

2

I’m surprised too, and would be annoyed. The last time I was in Court (in FL), a witness appears from NY, on skype or something remote.

At least, seeing daughter and baby would be a plus.

3

I would have your H contact the prosecutor’s office to see if he can appear via Skype or, if not, whether they will pay for his travel expenses and time off from work.

4

^ & ^^ Skype makes so much sense, why did I not think of that? (And why did DA’s office not suggest it?) THANKS for the suggestion!

5

Skype sounds like a great compromise. Let us know if that works.

6

Hope that the Skype works out. Appreciate any possible way to discourage the relentless hacking and many thanks to your husband.

7

H will call the DA’s office tomorrow morning to ask about using Skype. If they do not OK it, he will make the trip. Thanks, all.

8

I would think Skype or a phone call from the local court or DA’s office would work.

The unfortunate thing is that to argue that a deposition would be sufficient would have to be done by a lawyer.

And if the credit card company is the real victim, that is, they are the only ones who lost money, why aren’t they subpoenaed? Or is it not worth their time?

9

^ Yeah, I had figured that arguing this using a lawyer would only cost more time and money. At this point we are making lemonade by getting together with our D and her family two days once this is done. And, as I said, we are in a position to do it – consider it an excuse for a getaway.
But yes, the credit card company is the real victim.
I wish I knew more about this whole process and how it can be handled – think it’s the least we are entitled to.

10

I hope you enjoy your lemonade (time with your D and her family) because I predict when your husband shows up in court, and the defense attorney figures out he made a trip from out of state, he will ask for a continuance. Keep us posted.

11

I had to testify in a lawsuit filed in Florida. I said that I could not appear in person, and arrangements were made for me to give a deposition in a local law firm. Maybe you could do something like that?

12

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H must appear or they will have to drop the case, and H is legally required to obey a summons.

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Is the summons issued by a PA court?

Your H. does not have to obey a summons from an MA court.

There is a procedure for interstate subpoenas, and it has to be followed.

The procedure is this:

  1. MA prosecutor comes to court in PA and asks court to issue a summons

  2. Your H receives summons to appear in court in PA where he has the opportunity to object to the MA summons on ground of hardship

  3. PA court makes a decision as to whether or not to compel H. to go to MA, after balancing interests. It’s a case-by-case determination.

Anyway, bottom line: unless your H. has a summons directing him to appear in court in PA, it’s not legally enforceable.

It should have been personally served as well. If he received this summons in the mail from MA, specifying a MA court date … it probably isn’t valid and enforceable.

13

What they want your husband to say is that he is JohnDoe, that he has account #345678 withVisa, that he did buy gas at the City station,but after that he did not buy diamonds from Big Buck Jewelers, did not order 10 things online, did not authorize the defender to use the card. The bank/credit card company cannot provide that information or be cross examined about it. The defender has the right to confront witnesses so that’s why an affidavit won’t work.

Take the vacation, catch a game at Fenway, have fun with the baby.

14

Ditto what calmom said. I would think you could also call the clerk of the court/the judge’s assistant and explain the situation. It is surprising that the DA is pursuing this case if you are the only victim and had no losses, especially if they have to drop the charges if their witness (your DH) does not appear. For the reasons Calmom explained, I don’t think they can compel you to appear across state lines with a subpoena that was not properly served. I think he is also entitled to be reimbursed for expenses, so should advise the DA of what the costs are so that the DA can apply for the reimbursement.

15

Even though there is a legal way to avoid showing up in court, I think the OP’s spouse does want to see the thief be punished.

Also, as a grandparent, how sweet to see the family.

If Skype doesn’t work, I’d ask for reimbursements. Then it’s win-win.

16

No, please, don’t do this.

(The only thing the clerk could tell you is to get a lawyer and move to quash or modify the subpoena in PA or MA in accordance with the rules (which I realize you don’t want to do).)

17

I remember reading years ago that Hawaii was having real trouble with crimes committed against tourists because no one would come back to testify. It was having an impact on the industry. The solution was that the tourist victims were being reimbursed to come back. I do not recall how they handled the issue of the defense asking for a continuance

18

THANKS so much for each of the replies above.
H called the DA’s office this morning, and got “the runaround” from a clerk/gatekeeper who said they have “no procedures for SKYPE” and that she could give the prosecuting attorney a message, but could not assure there would be any response.
Incredibly, H got a return call this afternoon and was told that the prosecution was not ready to go forward, not sure they have enough evidence to go to trial. So at least for now, no point in H making the trip.
Should H receive another summons re this, he will be better prepared to address it, thanks to you folks.

And H and I plan to go to Boston this weekend anyway, since our D and family are expecting us. :slight_smile:

19

We have never been asked to appear for any CC fraud, tho have had unauthorized use a few times. Glad it has been clarified that your H doesn’t have to appear.