Who do you subpoena in a bond jumping?
In the ones I've done, I would generally get:
(1) the bailiff who called the name on the date of the failure to appear (you can probably just use the bailiff's certificate from the file, but I think a live witness is better)
(2) anyone who told the defendant to appear on the relevant date
(3) the bondsman (usually has some arrangement whereby the defendant is supposed to call in and the bondsman may have told him his court date. He can also explain exactly what the defendant was told about his responsibility to appear, if the bond instrument is too legalistic)
(4) anyone who tried to serve the bail jumping warrant (mainly to show the defendant was actively avoiding us. If he was arrested again right away, this witness may not have much to add)
(5) for punishment, the victims of the crimes the defendant committed while he was a fugitive
I'd also make sure to have certified copies of the bond, the indictment in the case where he failed to appear, any written notice to appear, any return of service (if it was mailed), and a transcripts of (a) any proceeding where he was told when to be there, and (b) the hearing when he failed to appear (if his attorney said something about why he wasn't there, for example, or told the court that he had lost contact with the defendant).
If the defendant appeared in court and signed a written reset agreement and then failed to appear, you should get a certified copy of that document or introduce it through the clerk of the court.
Jail phone calls after he is brought back.
...And I subpoenaed the defense attorney who was representing the defendant on the charge he jumped bail on. I don't believe that the attorney sending notices to his client to remind him or her to show up for trial or sentencing is part of the attorney client privilege. I think the fact that the defense attorney made efforts to make sure his client knew to be in court is highly relevant and makes the defense attorney fair game as a witness (and conflicts him or her out of the bail jumping case). I researched it and was pleasantly surprised at the result.
Thanks for the great advice.
This issue seems to come up for me once every 2 years. I never seem to end up going to trial on one of these (So I never rember who we subponed last time), but sure do not want to embarass myself if one finally goes.
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