Criminal Law Questions? Ask a Criminal Lawyer.
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.
Thank you for the reply
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.
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.
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!
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!
Good morning. Is there anything else I can answer?
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.
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.
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.