Legal Question in Criminal Law in Florida


I have been requested to appear for a deposition for a fight that I witnessed last year, by the defense attorney of the man who inititated the fight. The case is vs the state attorney. I have not been contacted by the state attorney. Do I need an attorney present, if not the state attorney? My witness report was only to help prosecute this man, so i feel uncomfortable going in there alone, along with the unstable man that instigated the brutal fight. Am I required to show up? Do think I should be in touch with someone regarding this matter, wether it be the state attorney, or my own personal? Thank you for any insight that you can provide me with in advance

Regards, jessica

Asked on 5/24/05, 5:08 pm

3 Answers from Attorneys

Timothy Nies Van Riper and Nies Attorneys, P.A.

Re: Deposition

I would contact the State Attorney and request that he/she attend the deposition. You are required to attend the deposition and you can hire your own attorney if you would like to. To make you feel better, I would demand in writing to the defense attorney and cc prosecutor that you want the deposition to be at a neutral location, either the Courthouse or a Court Reporter's office rather than the attorney's office, which is probably where it is set.

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Answered on 5/25/05, 5:49 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: Deposition

(1) You must appear for the deposition if you were served with a subpoena.

(2) You have a right to an attorney, but he will probably not be needed.

(3) The State Attorney already knows about the deposition as the rules require the defense attorney to notice the State and the State attorney almost always appears at the depositions.

(4) It is unlikely that the Defendant will be at the deposition as it requires a court order allowing his presence. This is rarely done.

(5) The Florida Rules of Criminal Procedure limit where criminal depositions can be held. Contrary to what the previous gentleman told you, the deposition can not be moved from one of the designated spots without approval of the State and the Defense attorney. So you can not really demand it be held at a neutral spot as the rules already provide for a neutral mandated spot.

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Answered on 5/25/05, 6:01 am
Valerie Masters Valerie Masters, P.A.

Re: Deposition

you can have an attorney if you want, but you absolutely dont need one. the state attorney may or may not be there depending on their schedule. the defendant will not be there so there is no chance youll see him during depo

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Answered on 5/24/05, 5:43 pm

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