A sheriff came to my home to serve a summons for a family member that has moved a year ago. I did not answer the door, talked to the sheriff from a locked door. I don't know where this relative is, so my question is what happens because I did not accept this summons. Yes you were right not to accept this. Make sure you have some proof of your own identity handy in case they or the police come back. If you have any information about where your relative is, or if you know of someone else who might know, tell the police when they come. It was not your summons. When I turn 18, am I automatically
eligible to serve as a juror?
No. To serve on a jury, you must:
鈼?Be at least 18 years old.
鈼?Be a U.S. citizen.
鈼?Be able to understand English.
鈼?Live in the court鈥檚 jurisdiction.
鈼?Not have been convicted of a felony or malfeasance
while in public office (unless your civil rights have
been restored by, for example, a pardon).
How are potential jurors selected?
They are selected randomly from voter registration and Department
of Motor Vehicles lists, telephone directories, utility company lists and
other such lists that provide a cross-section of citizens. (CCP 搂 197) Once
summoned to court, the prospective jurors then make up the panel from
which trial jurors are chosen.
Do all potential jurors wind up serving on a jury?
No. The court typically brings in more prospective jurors than will be
needed. This is because some people are automatically excused and others
may be excused during the jury selection process. (CCP 搂搂 222.5, 223)
If I鈥檓 summoned for jury duty, do I have to respond?
Yes. If you fail to respond to a jury summons, you can be held in
contempt of court and be fined or imprisoned or both. (CCP 搂搂 204, 209)
If you cannot serve on the summons date, however, you may ask for
one postponement to a more convenient time. (Read the summons from
your particular court to find out how to respond in your county.)
You might be excused from jury duty if such service would cause
undue hardship for you or the public, or for certain other reasons (see
below). Also, if you do not meet the eligibility requirements for jury service
or you are under a conservatorship or you are a peace officer, contact
your local jury office. You might be disqualified or temporarily
excused from service. Whatever your circumstances, however, do not
ignore the jury summons.
Why would a judge excuse some people and not others?
Judges have the right to excuse prospective jurors for a variety of
reasons. The prospective juror may:
鈼?Have immediate family members related to someone involved in
the case. (CCP 搂 229)
鈼?Have a financial interest in the case. (CCP 搂 229(b))
鈼?Have been convicted of a felony, have prejudice or bias or
have formed an opinion regarding the outcome of the case.
(CCP 搂搂 203, 225(b))
The judge may also excuse a potential juror if service on the jury
would cause undue hardship on him or her or on the public. Judges may
use their discretion. (CCP 搂 204(b))
What happens during the jury selection process?
Names are chosen at random from those called for jury duty. The
judge asks general questions and excuses people for the reasons mentioned
above. Lawyers may do more questioning and ask the judge to
excuse others for the same reasons. In addition, each lawyer is allowed,
without providing any reason, to excuse a certain number of prospective
jurors from the case. (CCP 搂搂 194(d), 228, 231)
What if I can鈥檛 get time off work to report for jury service?
Employers are required to give employees time off for jury duty.
(Depending on your employer, however, you may lose wages during that
time.) Also, it is against the law for an employer to fire or harass you for
reporting to jury duty as long as you have given the employer reasonable
notice. (Lab.C 搂 230) If this occurs, notify your local
jury office or the judge assigned to your trial.
There are also laws allowing students to be
excused from classes to fulfill their jury service.
(Ed.C 搂 48205(a)(5))
Will I be paid anything for my jury service?
Yes, but not much. Beginning on the second
day of service, the county will pay you
at least $15 a day (unless you continue to
receive your regular pay from a government
or public employer during jury service)
and 34 cents per mile in mileage costs
one way. (CCP 搂 215)
What happens if I鈥檓 not selected to
serve on a jury?
If you are not chosen as a juror on the
first day of your jury service, you will be
excused and cannot be summoned back for such
service for at least one year. This is because
California has a 鈥渙ne-day or one-trial鈥?jury service
system. If you are chosen to sit on a jury, you will be
expected to serve as a juror throughout the trial. Once the
trial concludes, however, you will not be summoned back for at
least a year.
Trials can range from a day or two in length to months or, in rare
cases, even longer. However, the judge in the case will have some idea
of what to expect. And if serving as a juror in a long trial would be
extremely difficult for you, you will have an opportunity to explain
your situation to the judge.
Being on a jury can be a rich and rewarding experience. There are
countries in which the citizens do not have such a right. As a juror, you
will be called upon to judge the facts. And the trial judge may take
away your decision only in very limited circumstances. For more information
on jury service, request a free copy of the State Bar pamphlet
What Should I Know About Servin Ah, common sense says that since the summons isn't yours, you were right to not accept it. Talking to the sheriff behind a locked door indicates that you might have something to hide so they might come back with a warrent to look through your house. But other than that, don't sweat it. Since you talked from behind a locked door they will probably be back.
Next time you just open the door. It is not yours and they have to serve it to the person named on it. it wasn't yours. if he has a thought that they are there he can get a warrent to come in and see. other than that its not your prob. |
