Legal Question in Criminal Law in Florida
Can a defendent go to trial or be forced to go to trial without depositions from the victims or witnesses related to the case.
Asked on 12/01/09, 10:06 pm
2 Answers from Attorneys
Brent Rose
The Orsini & Rose Law Firm
On a misdemeanor, yes. On a felony, generally not, but it depends on the circumstances. If, for example, the defendant or his/her lawyer waited until just before the trial, then said, "I/we need more time to do the depositions," the judge is allowed to say, "Too late, you wasted your time." But, absent a reason, a judge can't say, "Trial is next week, and you don't have time to do depositions." A defendant has a right to prepare, which includes taking depositions.
Answered on 12/07/09, 10:17 am
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