Legal Question in Criminal Law in Florida
Deposition
I am a defendant in a criminal case. My attorney allowed the state attorney to call my witnesses in for deposition prior to my trial date. I have several questions in refernce to this occurence.
1) Is this a normal practice?
2) What is the expected outcome?
3) Does this strenghten the state's case...by having prior knowledge as to what my witnesses would say?
4) I need some type of recourse here..I am not satisfied with my attorney, thus leaving me room to question everything.
Heck my trial is coming up very soon...I do not not even know our gameplan. Is this normal? This is my first time dealing with this...
2 Answers from Attorneys
Re: Deposition
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Depositions of witnesses are a normal part of trial preparation by both the prosecution and defense attorneys in any State criminal case. Nobody can tell you the expected outcome other than maybe your attorney. The purpose of taking a deposition is to learn the other side's strengths and weaknesses. If the prosecutor believes that their case is weak or you have great defense witnesses, they may either dismiss the case or give an attractive plea offer.
If you do not like your attorney, then hire a new one. You are not bound to use any one attorney. It may cost you some money, but that will be your burden to pay.
Scott R. Jay, Esq.
Re: Deposition
Not only is this normal practice, it is required by law that your lawyer present his witnesses before trial.
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