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I live in Virginia, I was issued a summons to GA. court.
Must I appear?
Am I able to postpone or could I write a brief?
Anonymous7 views5 answers
The Charge is stalking my 100 year old mother that was taken from VA on 6/23/2011. Were She had lived her whole life to this point with all her many friends. None of her friends have gotten any response all three phones numbers were cut off as well her EMail only one contact by myself by phone to retirement home when she told me she did not like it down in GA.
She lived her whole life in VA.
My sister and her Husband basically kidnapped and drugged her, left all her life's belongings in parking garage. Three days and put her condo up for sale, she was devastated. I have tried 2 welfare checks in 3 years and went to see her from VA to GA at retirement community. At several times on ph she asked me to come see her, stay with her while in town.
Also no lawyer on subpoena Just sis phones.
No, you cannot "write a brief." Courts do not let documents speak on behalf of living witnesses, you have to testify live to be available for cross examination.
Further questions should probably be asked of Georgia attorneys, so using your Virginia address in the mission box is not the most useful thing to do. Use the location of the court case.
arah Marie WelchCriminal Defense AttorneyFairfax, VA ·
I would immediately seek the assistance of an attorney who is local to where the case is being brought in GA, so that they can best advise you on how to deal with this situation - especially regarding whether or not you should appear. You would not be able to write a brief since you are an available witness.
If the case were in Virginia, you would likely get a bench warrant for failure to appear in court or be tried and convicted in your absence. In Virginia, a stalking conviction normally comes with a protective order that would make it illegal for you to contact your mother in any way.
Talk to a Georgia lawyer. The repercussions could be more serious than you realize.
It is tough to answer the question based on the facts you have given. You say you received a summons which must be properly served. If it was received in the mail it may not be valid. However, if your mother was kidnapped as you say I would think you would want to be present to testify for her. I would consult a Georgia attorney who can better advise you as what is needed.
