Skip to main content

My Co-defendant's case is still pending but mine has been Nolle Prossed. I was subpoena to deposition for his, do i have to talk

Niceville, FL |
Attorney answers 5


Did the state or your co-defendant subpoena you? You have the right to plead "the fifth"(amendment). This basically means nobody can force you to incriminate yourself. You need to speak with a local lawyer and review your options.
Good luck,



The deposition is held in the state attorneys office but the subpoena was signed by the assistant public defender. Thanks for your help


This is something you really should discuss with your lawyer. Regardless of why they dropped your charges, if you did in fact do something that you can be charged with, you can be opening yourself up to charges by allowing the taking of your deposition. Talk to your attorney immediately and see if he will advise you to take the fifth. Good luck.


Just because your case has been nolle pros's does not mean that you cannot be recharged. Depending upon the type of offense you are not entitled to formal discharge from prosecution until after the speedy trial time has ticked and the Court formally discharges you or the SOL (statute of limitations) passes. In the case of a felony the speedy trial time is 175 days from the date of arrest and it is 90 days in the case of a misdemeanor. In regards to the SOL its 1 year for a 2nd degree MM, 2 years for a 1st degree MM, 3 years for either a 2nd or 3rd degree felony, 4 years for a 1st and none for life or capital cases.

When it comes to subpoenas you are compelled to appear and to answer unless your answer would violate a recognized privilege (the 5th Amendment being one of them). In your case if it is possible that your testimony could re-incriminate you then you could properly "plead the 5th". You are also free to testify if you so choose. Who subpoenaed you is also an important factor. If it is the State then the subpoena might afford you some immunity, if it is the defense then not so much.

The bottom line is that, like Michael Corleone, no matter how you try to get out they just keep sucking you back in.... You should get ahold of the attorney who represented you and run the subpoena by her/him. Let your lawyer make a few calls and then make the call as to what you should do.

Testimony under oath is potentially damning, but then again so too can be refusal to testify.

Either way best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


You definitely don't want to ignore a State subpoena to testify at a deposition. At the same time, you definitely don't want to risk incriminating yourself as the State can refile even though they Nolle Prossed the to your attorney and make sure he is present when you are deposed...

Communication of information by or through this web site and your receipt or use of such information is not intended to create an attorney-client relationship.


First, if the State is not offering you immunity, then you absolutely should invoke your Fifth Amendment against sell-incrimination, no matter who is deposing you.
Second, hire an attorney to represent you. The price you might pay for not doing it is your freedom.
Third, don't discuss the case's facts on here or with anyone but your attorney.

I am a Florida attorney who practices in the areas of personal injury and criminal defense. My answers on Avvo are not legal advice, and they do not create an attorney-client relationship. If you contact me--please understand that I cannot contact you--then I will carefully evaluate your case and determine if I will accept you as a client. Unless you and I sign a contract for legal representation, then I am not your attorney. Furthermore, Avvo is a limited forum and not well-suited for complex legal analysis. You should always obtain competent legal advice from attorneys who will carefully evaluate all your case's facts. Avvo isn't the place for that.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer