Legal Question in Family Law in Florida
Supeona
My daughters boyfriend was arrested and held on second degree murder charges and denied bail. At a second hearing, the judge allowed bail, with a stipulation of monitoring device and no immediate contact with the family. We filed to have no third party contact either on behalf of our granddaughter. It was denied and a hearing was set. Now the attorney for the boyfriend has subpoeaned my wife to a deposition on Monday. Does she have to attend that or can she wait for the court hearing. IF she goes, can she remain quite.
1 Answer from Attorneys
Re: Supeona
She must attend and must answer the questions unless she has some specific legal privilege to refuse to answer the questions. If she fails to attend or answer, she may be held in contempt.
It's very likely that the prosecutor will be there for the deposition, and it's also like that the prosecutor will be very helpful to your wife. If you are still concerned, your wife does have the right to have her own lawyer there. Also, it's extremely unlikely that your daughter's boyfriend will be allowed to be there. Defendants are only allowed to be present at depositions in the rarest of circumstances (usually white-collar cases, not these types of cases).
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