Legal Question in Criminal Law in Florida

I have to testify on a burglary trial , a burglary that happened 2 years ago, i have been going through health issues for the last 4 years like severe anxiety and panic attacks, i am also according to my Doctor going through the change (Premenopause) and one of my worst symptoms besides the anxiety and panic attacks is remembering things, i forget things that happened like a week ago, i forget where i am going as i am driving somewhere, and concentrating on things is just too much for me right now, i am taking medications but it really doesn't help much actually it makes me worse.

So my question is , is it okay to just say i don't remember when questioned at the trial? Is it okay to let the Judge know what's going on? The State really has no other evidence to convict this person of felony burglary but i just don't remember much about it, even the statement i wrote, i don't remember anything about it, it's very stressful because i know the State attorney is going to be nasty and i'm supposed to be their wittness but i honestly can't remember what happened 2 years ago. Please give me some guidance in this matter.. Thank you


Asked on 12/07/10, 6:22 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The best guidance I can give you is to contact the State attorney who is requesting you to testify. Be honest and tell them about your conditions. You may still have to testify anyway though for the defense. Again, just be honest. In other words, don't say you don't remember if in fact you do, but you just don't want to testify. The state attorney who is listing you as a witness should be able to prep you if called as a witness by either side. Another alternative is to hire yourself an attorney because although the state attorney is calling you as a witness, there job is to do justice NOT to represent you. So hiring your own counsel is always a good option. Good luck.

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Answered on 12/12/10, 7:17 am


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