I was mugged about 1 year ago and reported the crime to the police.
Last month I received a subpoena to testify as a witness at a pre-trial, the police were able to apprehend the suspect. It is important to note that I am not pressing any charges, the pre-trial was the "people" versus the suspect.
Recently I received another subpeona to testify again. My job is paid hourly and it is going to be a financial hardship to continue missing work to appear in court. It feels like an injustice that this hardship is being forced upon me.
What are my options? Can I give a deposition in lieu of appearing in person?
You would have to ask the attorney handling the case what they're willing to do. If this is a criminal case, the defendant does have the right to cross examine the witnesses as part of due process. Can you speak with your employer about working things out so you can work another day? Just a suggestion. I don't know anything about your job or what it's requirements are.
Ms. Johns is a lawyer although she is not your lawyer unless you hav consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.
If you are subpoenaed you need to appear. I would suggest that you talk to the DA, express your concerns and frustrations, and see if they can work around your schedule. Good luck.
First, the answer to your question is no. You have no right to demand a deposition, and if you receive an appropriate subpoena from the District Attorney's Office, you have a legal obligation to participate in the Court process. You need to check with the DA. There will be a regular pre-trial schedule and you need to come to an understanding of exactly when you have to be there. Explain to the DA your work related problems. Perhaps, your employer will let you make an adjustment in your lunch hour or add on some break time, but to make you available to the Court without missing any of your wages. Also, you should be able to get a determination from the DA in regard to how long he thinks your testimony will take.
I hope this is helpful.
John N. Kitta
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