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  1. #1

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Does the state have to subpeona any and all witnesses within the state that I request, including expert witnesses? And can you tell me what you might now about finding expert witnesses in Tennesee? Thanks for your help.

  2. #2
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    what sort of expert witness are you talking about? This is a theft charge.


    and you can subpoena whatever witnesses you wish. Plan on you paying for their services.


    as to your friend; no, their attorney does not have to subpoena any and all witnesses your friend suggests. The attorney is the one who determines the course of action in the defense.

  3. #3

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    UPC codes, facial recognition, surveillance video, manufacturing costs of pre-paid credit cards(gift cards). Thanks for your help.

  4. #4
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    lorie42;850934]UPC codes, facial recognition, surveillance video
    how does any of that factor into your defense?


    , manufacturing costs of pre-paid credit cards(gift cards).
    what difference does this make?

  5. #5
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    She thinks she is going to issue about 100 subpoenas to bury the court in testimony as punishment for her arrest.


    Quote Quoting jk
    View Post
    how does any of that factor into your defense?


    what difference does this make?

  6. #6

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Arresting officer and DA do not realize that serial numbers are the only way to track merchandise. UPC codes on the merchandise in this case, only point to the manufacturer and can be bought at several retail stores and online. We tried to get this across to the DA at the preliminary in general sessions court, but they think they can convict us on circumstantial evidence. The lawyer I had for the preliminary stated after the hearing that this was the weakest case he had ever seen. Then he asked for $6,000.00 for a retainer for criminal court. The arresting officer and DA are convinced that they know what store this merchandise came from that was found in my co-defendants vehicle, but do not have any evidence to support it. As my lawyer said in the preliminary, they are going on a hunch only. They are trying to bluff a plea bargain out of me and it's not going to happen. Basically, under the way this police department and DA operate, if you are stopped, and anything in your vehicle does not have a receipt for it, they will seize it and try to convict for theft of property. They seized everything down to a dog food bowl and underwear. Still in evidence after 8 months. They would auction it off if they win. Tried to seize my co-defendants truck, only thing that stopped them was the finance company. Thanks for your help.

  7. #7
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    depending on what store is involved they may actually have a different UPC than any other store. The larger stores often have models of appliances and such or clothing that appears identical to merchandise sold in other stores but have some very subtle differences. Along with those subtle differences is a different UPC. No idea if that applies to what you stole but just tossing it out there as a possibility of the UPC argument not being all you think it is.

  8. #8
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    I suspect that all of the items seized had packaging or tags that indicated recent theft (or purchase) and that is what they are going on. Do they have video or your co-defendant in the store? Any witnesses to you being in the store? Statements as to being in the store or stealing the property? Statements that were proven incorrect (i.e. that show you and/or your co-defendant are liars)?

    If all they have is the property alone, then it is a weak case. But, you will need a real attorney to make that case and to counter the witnesses on the stand. Go with the public defender before it's too late! Keep in mind that if you muck this up and you go to jail, you will not be able to argue ineffective counsel - you'll be stuck with the result unless you have grounds for appeal on other grounds and can somehow learn how to write an appeal from behind bars.

  9. #9
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    That is irrelevant and the prosecutor will likely object to you wasting the courts time.

  10. #10

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    The intention would be to show that not everyone drives around with all of their receipts on their person and the arresting officer and the DA really appear to not know that serial numbers and upc's are different and I'm afraid if I can't find a way to introduce that fact into evidence some how, they will be able to convince a jury of that also.

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