One of the most important things an attorney can do for you in a criminal case is depose witnesses the state will be calling. However, clients often do not understand that depositions cannot always be taken in every case.
Generally speaking, depositions can always be taken in felony cases. There are exceptions to this. One is if a witness, usually a victim or confidential informant, is protected by a court order. However, in misdemeanor cases depositions are not allowed as rule. Depositions may be taken of witnesses if the state agrees to allow their depositions to be taken. A defense attorney may also file a motion for depositions and request the judge grant depositions. A judge will likely grant this request if the state is asking for jail and/or the reports in the case do not give all the facts. The judge and the state can also limit who can be deposed.
For any further questions, please do not hesitate to contact Soler & Simon at (941) 444-5128.