Tuesday, November 11, 2014

Subpoenaed for Deposition by Co-Defendant's Lawyer / Nolle Pros / Statute of Limitations / Recharging / Refiling / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     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 In florida. I plead not guilty and did not agree to plea deal.

A:     Licensed in FL
Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered 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.) 

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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