Legal Question in Criminal Law in Florida
How long does the state have to get a witness against the defense if the witness does not show up for deposition or the state can not find the witness? Can this witness be impeached at some point before trial due to these issues?
1 Answer from Attorneys
I have recently been successful in getting burglary with a battery charges dismissed against my client based upon non-appearance of the state's witnesses. There is a procedure which must be followed including service of subpoenas to take depositions, obtaining a certificate of non-appearance, re-noticing deposition, obtaining another CNA and filing an Order to Show Cause to hold the witness(es) in contempt. Of course, some cases can be prosecuted successfully without a particular witness. There is no set time limit for the witness to show; it must occur prior to the scheduled trial. If the witness does appear for trial, the court will usually permit the defendant's attorney to depose the witness before he or she testifies at trial. A witness cannot be impeached before trial; the process of impeachment occurs at trial.
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