Legal Question in Criminal Law in Florida
rules on depositions
a potential witness in a upcoming agr. battery trial has gone to ohio and my attorney want's to fly to ohio to dipose him.Problem is, I will have to pay 200.00 per hour for him to travel there. I have spent 20,000.00 to date on my defense and can afford no more. is there any legal way to get the witness back to florida for depositions with a more cost effective solution as my attorney asked for 5,000.00 more dollars in my acount,and can he drop my representation if I don't pay the 5 grand even though I have givin 16,000.00 already for my defense
2 Answers from Attorneys
Re: rules on depositions
If this witness is SO valuable that you defense rest entirely on this person saying your innocent, then pay the money. You have already spent a lot so whats another 5k? BUT... if this testimony is not that esential then tell your attorney to go to trial without that witness. The rule on depos is that if the person lives more than 100 miles outside the jurisdiction the court has no power over the witness. Lastly, you are the boss over your case, and it is your job to oversee and check on how the case is doing. If the costs out weigh what you have been receiving then get other counsel. THINK, do you really need that witness....... GOOD LUCK.
Re: rules on depositions
You did'nt specify if the witness is a state witness or a friendly one. If friendly, your attorney can simply take his recorded statement over the telephone, put it in affidavit form and mail it to the witness to sign, easy and cheap! Will the witness agree to travel to (sunny) Florida to be deposed? Lots cheaper than flying your attorney around the country. If it is a state witness, the prosecutor must be involved. Encourage your attorney to be creative; get a court order allowing the deposition by telephone, engage an attorney in thatlocale to take the depo live;no travel expense. $20,000 fee; whatdidyado; mug the pope?
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