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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I live in the state of washington. I was recently a victim of DV by a family member who i

Resolved Question:

I live in the state of washington. I was recently a victim of DV by a family member who is currently in jail. I was recentlycontacted by the PA office with three business days advance notice
that I needed to meet with the defense attorney and had no say whatsoever in the day and time of the meeting. Its my understand the defense attorney wants to interview me and the person who saved me from being killed (primary witness). Am I required to show up for this "interview" and be cooperative with the defense? Why don't I have a say on whether or not I want to do so? Am I required to show up for this "interview" with the defense? The PA indicated they would be there but I feel this may be an intimidation strategy. Should I be retaining my own lawyer so I know what I do and do not have to comply with.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.
Is this just an "interview" or is this a deposition? Thank you.
Customer: replied 1 year ago.

I was told it was for a "defense interview." I will be really upset if I show up expecting a interview and it isn't.

Expert:  Joseph replied 1 year ago.
How were you notified? Just by a call? Or did you get a subpoena? Thank you.
Customer: replied 1 year ago.

I received a phone call from the PA's victim witness advocate (who won't be there b/c she's busy with another murder trial).

Expert:  Joseph replied 1 year ago.

From what you have described, this sounds like a very informal process, as opposed to a deposition. In a deposition, you would be served with a subpoena and, as this is a court order, you would be required to attend.

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In this situation though, there is no order in place for you to attend. With this in mind, you have some control over the situation. If you simply refuse to attend, the defense attorney likely will set up a deposition and put you under subpoena. Instead, you might consider contacting the prosecutor and letting him know that the established time does not work for you (perhaps it is too short of notice, you have to work, etcetera) and a new date and time will need to be set.

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Joseph
Joseph
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I have 15 years experience in criminal litigation including several years as a felony prosecutor