Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a witness and subpoenaed because I almost got t by a…

Customer Question
I am a witness and...
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: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 hours by:
2/16/2016
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,795
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified

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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years 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 reply replied 2 years 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 reply replied 2 years ago
Sorry not necessarily drunk I mean driving under influence
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years ago

Thank you for the reply

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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!

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Am I able to read my testimony in court?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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!

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years ago

Good morning. Is there anything else I can answer?

Ask Your Own Criminal Law Question
Customer reply replied 2 years 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?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years 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?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years 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?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 years 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.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,795
32,795 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
The police have not been contacted but I'm afraid they
Second opinion] the police have not been contacted but I'm afraid they might. I got a hotel with my girlfriend. we are both 18 and I got super blacked out drunk and we got into an argument about somet… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
559 satisfied customers
I just got a call from the lawyer about a case she said, I
hi I just got a call from the lawyer about a case she said, I should've received a subpoena to appear in court tomorrow morning but, I have never received any subpoena, and I am out of town now. … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I received a subpoena by hand delivery last Friday. Does
I received a subpoena by hand delivery last Friday. Does that mean I am in trouble or a target of investigation? The subpoena says I am to appear at common pleas Court as a witness to testify in a cer… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,177 satisfied customers
I have been subpoena to testify against my husband in an
I have been subpoena to testify against my husband in an aggravated domestic violence case. Can they force me to testify? Can I plead the 5th on incriminating myself with my report. I didn't press cha… read more
Legal-Kal
Legal-Kal
Attorney
J.D.
600 satisfied customers
My daughter who is 16 years old has been sopeonaed in a
My daughter who is 16 years old has been sopeonaed in a criminal case in Oregon county of Washington, and has been receiving mental health counselling for major depression with suicidal threats as a r… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Charge: Got a Drunk in public charge last night.... OBS-3712-04 46-16 Intoxicated in Pu
Charge: Got a Drunk in public charge last night.... OBS-3712-04 46-16 Intoxicated in Public - Herndon VA Event leading to arrest: Argument with wife and I called the cops.. To avoid any incident stepp… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I am a Nurse.I was trying to get to my fiancé to provide medical
I am a Nurse.I was trying to get to my fiancé to provide medical treatment when his daughter would not permit me access to the camper he was in.After asking her to move 3 times I put my forearm up and… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I was told by a police officer that I have a court date after
I was told by a police officer that I have a court date after getting in an argument with a taxi driver who called the police. That was the only information I received and was then told to go home. Wh… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Who can testify at a revocation of probation hearing in Texas
Who can testify at a revocation of probation hearing in Texas and can the DA and the defendant's lawyer both cross examine anyone who does testify?… read more
Legal-Guru
Legal-Guru
Attorney at Law
Juris Doctorate
1,354 satisfied customers
After leaving a family function(baby shower)My family member(passenger
After leaving a family function(baby shower)My family member(passenger 21) driving in the car with her boyfriend (driver 20) hit a pedestrian that they didn't see crossing the street, not in the cross… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I was subpoenaed today (Dec 15th) to testify in a divorce case
If not from Texas please consult with someone familiar with Texas law on the following question as I know each state's laws may differ. Thank you in advance: I was subpoenaed today (Dec 15th) to testi… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
for a criminal case a subpoena must be servered and can only
for a criminal case a subpoena must be servered and can only be accepted by the person be subpoena yes or no… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
If I witnessed a crime, and i provided my information and the
If I witnessed a crime, and i provided my information and the crime to the police, but no longer want to be contacted about this or witness further, what are my rights? Thank you… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,181 satisfied customers
Question for a criminal lawyer. What could happen to a witness
Question for a criminal lawyer. What could happen to a witness to a murder who deliberately allows an innocent man to be convicted of the murder by refusing to testify to the truth? What could happen … read more
JD
JD
Doctoral Degree
1,328 satisfied customers
A friend of mine, a young woman, is in fear of her life because
A friend of mine, a young woman, is in fear of her life because of the following: She is being forced to be a witness for the prosecution in a murder trial. The suspect is a local gang member who, at … read more
CrimDefense
CrimDefense
CriminalDefenseAtty
Juris Doctor
32,795 satisfied customers
my vehicle and another truck was hit by 2 young men who were
my vehicle and another truck was hit by 2 young men who were both under the infulence of drugs and neither of which had a drivers licence. There is much more to the story, but I am to be sentenced 4/1… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
Juris Doctor
32,795 satisfied customers
Im charged with simple domestic assault. My girlfriend at
I'm charged with simple domestic assault. My girlfriend at the time was drunk and abusing my car, smashed my windows, broke my car door, and ripped out some interior. I asked her to get out of the car… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers
My husband got drunk last March, woke me up in the middle of
My husband got drunk last March, woke me up in the middle of the night, would not let me leave the bedroom, grabbed my arms, tore my pajamas, and pushed me down and across the room several times. A fr… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x