Virginia Beach, VA asked in Criminal Law for Virginia

Q: Will I be summoned as a witness?

I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?

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2 Lawyer Answers
Paula Hough
Paula Hough
Answered
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.

Thomas H. Roberts
Thomas H. Roberts
Answered
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Paula Hough's answer is spot on. Since the incident took place in front of your managers, the Commonwealth Attorney and the police may feel they don't need you as a witness and you may not hear from them. However, you might want to read the following regarding your rights as a victim of a crime - https://law.lis.virginia.gov/constitution/article1/section8-A/ (that's in the VA Constitution) and https://law.lis.virginia.gov/vacode/title19.2/chapter1.1/section19.2-11.01/ (your rights codified).

Additionally, you may have a separate claim for civil damages which you would have to bring yourself if you wished to pursue the claim. If you suffered physical injuries, like nausea, increased blood pressure, sleeplessness or sought medical treatment from the trauma, a claim for Intentional Infliction Of Emotional Damages (IIED) would be appropriate.

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