Unlike in civil
cases, where both parties are always entitled to appear at the other's depositions,
in criminal cases Rule 3.220(h)(7) prohibits a Defendant from attending
depositions which are scheduled by her / his lawyer and are taken of State
witnesses, with an exception for where both sides agree to permit the Defendant
to be present or where the Judge finds "good cause" for that to
happen.
It is rare that the
Court will permit a criminal Defendant to attend a deposition but there are
circumstances where it does happen. For
example, in non-violent "pape-cases" where a Defendant is an
"expert" in the field and the lawyer must depose a skilled State's
witness (like a forensic accountant or a financial investigator) then the
Defendant may be permitted to attend as a) the Defendant's presence will assist
his lawyer in conducting a meaningful deposition and b) there is no
intimidating effect on the witness by the Defendant's presence (compare this
example to an assault or battery or a domestic violence case where the alleged
victim is being deposed).
Still, if you are a
Defendant then you will almost certainly not be permitted to attend your own
depositions and you should spend as much time as is necessary with your lawyer,
preparing her or him to take a meaningful and effective deposition.
If you have a FL based #CriminalDefense or #DUI question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on #Facebook or @Sharky910 on #Twitter) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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