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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23923
Experience:  9+ years defending Misdemeanor and Felony cases.
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I am a witness and subpoenaed because I almost got t by a

Customer Question

I am a witness and subpoenaed because I almost got hit by a drunk driver and I am testifying against her. I have some questions regarding this. anyone who specializes in this? Any lawyer that specializes in this in Orange County would be preferable.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 months ago.

Good morning. Attorneys do not specialize in depositions, as it is part of the discovery process. I am happy to answer any questions which you may have or provide you with information, as needed.

Customer: replied 9 months ago.
I was traveling eastbound on my way to Souplantation in my truck with my son strapped securely in his car seat in the rear driver side on street in orange county and I was going to turn right into a small shopping center on the right side where there was an IHOP where I saw a young female driver that looked like 19-29 yrs old driving around the IHOP parking lot in her PT Cruiser smiling with her mouth open and with windshield wipers on on a dry day (no precipitation on ground or on windshield) and then I turned right into the driveway to turn right is where I turned. My wife was following at a safe distance behind me in an SUV.
Is this too much detail so far? Am I going to be asked some just yes or no questions from her or her defense attorney? This trial is ‘The State of California’ vs the defendant. I am thinking it is a DUI case because the code I looked up on the subpoena says it refers to DUI in California or County law.
Customer: replied 9 months ago.
Am I going to describe my account of a few minutes before my e counter with this drunk driver like I said above?
Customer: replied 9 months ago.
Sorry not necessarily drunk I mean driving under influence
Expert:  CrimDefense replied 9 months ago.

Thank you for the reply

Expert:  CrimDefense replied 9 months ago.

She has likely retained legal counsel, so her defense attorney will be asking questions. They likely are going to ask you what you saw and observed and you simply need to be honest and upfront. This could be for the purpose of her defense and to show her driving pattern or what happened, depending on the allegations made by the police and the information which the State has. If you are listed as a witness, it was likely by the State and someone from their office should be present and contact you ahead of time, since you are going to testify on their behalf. They may ask about conditions of the road, the weather and what you observed of her and her driving pattern. They will ask you questions leading up to this and anything after, since it may help or hurt their case and this is part of the discovery process.

Expert:  CrimDefense replied 9 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  CrimDefense replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 9 months ago.
Am I able to read my testimony in court?
Expert:  CrimDefense replied 9 months ago.

It can be used to refresh your memory but you can not read verbatim. Prior to the trial, you can ask to read and review it though if you wanted to, since you may forget something which you said at the deposition, since the trial could take place month later. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to just rate my help at the top. Thanks again!

Expert:  CrimDefense replied 9 months ago.

Good morning. Is there anything else I can answer?

Customer: replied 9 months ago.
I called 911 since I wanted to report her and she came around another way into souplantation parking lot and abruptly parked hitting the curb when she parked and her head jerked forward. Now that they have a 911 phone call; I was thinking they would ask me to tell them the story and try to match it up with the 911 phone call. I am pretty sure I can remember some of the things I said on the call, but if I don't match up what I said, would they say I'm lying? What are the implications of this phone call and my story if it is before they play the recording of 911 call?
Expert:  CrimDefense replied 9 months ago.

Great to hear back from you. I just kindly ask when we are done, to remember to rate my help at the top, so I can get credit from the site. It is hard to remember verbatim, what you stated on the 911 call. The purpose of the deposition is to gather additional information and to see if they have any defenses to use or issues to raise, to fight this. When you give the depo, you can advise that it is to the best of your ability and what you remember on that day and even advise, you do not recall exactly what was said on the tapes.

Customer: replied 9 months ago.
My wife is about 7 months pregnant and I was hoping that I would be a witness already. I am concerned they might schedule the trial and my wife is going to be in labor in 2 months if they keep postponing the date later. Is there any way to avoid this conflict of having to be in court and be the primary support person for my wife during the time she is in labor?
Expert:  CrimDefense replied 9 months ago.

Yes, there is. You would want to advise ALL parties in writing, about this and place them on notice of the labor time frame / window, so they are on notice that you may not be available to appear, at trial, if the case gets that far. Moreover, you can file this with the court as well. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Customer: replied 9 months ago.
How do I get confirmation that they will comply with this or not? when I write them, what parties am I writing to? the district attorney's office/victims advocate office? Do you think they will write me back a letter stating their reply or leave me a voice mail of their reply? any better examples of what to write them than what I already stated above?
Expert:  CrimDefense replied 9 months ago.

Once you place them on notice, they will need and want to comply, if they need you to testify. If they determined your testimony is needed, they would ask for a continuance and reset the trial. Moreover, they would speak with you before even setting it, to see the status I doubt they will write you back but whoever listed you as a witness (i.e. DA), they will call you once they receive your letter and work with you, if they need you, as I shared above. If they want to contact you, they will and you can provide your email and phone number to them.What you wrote above is fine, since that is the situation and when you speak with them, can go into greater details, if needed.

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