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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22190
Experience:  Handle criminal matters in both state and federal courts.
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As the complaining witness in a criminal trial (domestic violence)

Resolved Question:

As the complaining witness in a criminal trial (domestic violence) where I have relocated to another state (for my safety), and now, the criminal lawyer wants to take my video deposition, am I entitled to request that it be held in an area I can easily access by public transportation, under the ADA, since I have a disability which is protected under the ADA? The prosecutor's office (in FL) has set up the deposition in Baltimore, and I live in the Washington DC area. I can't get to Baltimore on public transportation, nor can I afford to fly or take a train there. However, I can easily get to DC as it's accessible by public transportation, and only minutes away. Surely, there is somewhere within the nation's capital that such a deposition could easily be taken. The prosecutor's office is saying if I don't attend the deposition, they will have to offer my husband, the accused, a plea bargain, as opposed to taking him to trial. I would like to request accommodation under the ADA, if that's possible, and could use any help you can offer, in requesting it from the prosecutor's office in writing. Thank you so much.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

Yes. But the request should be placed in writing. Mail certified with a return receipt requested

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

That's kinda what I thought. Can you help me phrase how I say it, please?

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22190
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
That's kinda what I thought. Can you help me phrase how I say it, please? Thank you!
Expert:  Samuel II replied 3 years ago.

Hi

 

You can state that because of your bona fide disability (state what it is) you need to have the deposition taken in an area nearest you, where you can also have access to public transportation. Explain that you understand they are not familiar with the area, but Baltimore is (how many miles from your DC location) and just undoable.

 

State that you are requesting this location be moved and that you be advised accordingly. You can also state, that you are available for a teleconference/deposition if they cannot locate a suitable location in your area.

 

If you want, you can add, that by no means are you willing to agree to any plea bargain for your attacker.

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22190
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 2 other Criminal Law Specialists are ready to help you

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