Is a officer typically subpoenaed to show up for a deposition on a criminal case?
Cape Canaveral, FL |
Is a officer typically subpoenaed to show up for a deposition on a criminal case? How many times can A officer reschedule if unable to be present for a deposition ? How may this effect a criminal case ?
It depends on the charge. Typically in a misdemeanor case one needs to request depositions, they are not automatically granted. But all jurisdictions are different. For example they are not difficult to obtain in Broward, whereas they are difficult to obtain in Miami-Dade. In a felony case the defendant has the right to depose all "A" witnesses.
If a witness continuously fails to appear for his or her deposition your attorney can file a rule to show cause. This requires the witness to explain to the court why he or she did not appear for the deposition. He or she could be held in contempt of court. Typically, the judge allows the witness a couple opportunities to appear for the deposition.
In felony cases the officer is often brought in to speak under oath at a deposition. But it depends on the facts and circumstances of the case as to which officers will be deposed as some officers may have no useful knowledge. Like any witness an officer may reschedule a deposition when the request is in fact reasonable, for example an officer taking chemotherapy for cancer will be aloud leeway for his treatment as would someone who has had a death in the family.
If an officer fails to show for deposition, your attorney can move to have him stricken from the State's witness list. Generally a Judge will not do that if the officer can show good cause why he/she failed to show. It is possible that if the arresting officer is stricken from the State's witness list, it could result in a dismissal.
The defense attorney usually subpoenas an officer for depositions in a felony criminal case if he or she feels that favorable information can be obtained from such depositions. In a misdemeanor case, the defense attorney does not have the right to subpoena state witnesses without the specific consent from the court. An officer can only reschedule or be released from a subpoena under very exceptional circumstances. The defense attorney can have an order to show cause in order to bring the officer before the judge to explain why depositions cannot be conducted on that particular officer. An officer can be excluded from participation in the trial as a penalty for not cooperating with properly served subpoenas. Hope this helps.