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  1. #1

    Default What Witnesses and Evidence Must a Public Defender Subpoena

    My question involves criminal law for the state of: tennessee - I am representing myself in a felony theft of property case in criminal court due to the fact that I make to much to get a court appointed attorney and don't make enough to pay for the $5,000.00 to $10,000.00 I'm being quoted, but I do have a co-defendant who will have a public defender. Is a public defendant required and can they subpeona any and all witnesses at our request, that relate to this case, no matter what the cost, as long as it is relevant to the case. For example. Could the public defender subpeona an employee of American Express based in New York City to testify to the actual worth of one(1) unactivated pre-paid credit card? Would the state have to pay for any and all cost associated with that witness being brought to court and is there a limit to something like this. I appreciate any help I can get from this forum. Thank you.

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

    The attorney will seek subpoenas for evidence the attorney believes to be admissible and relevant. In some context a motion may be necessary.

    The attorney is not going to be issuing subpoenas to random credit card company employees located in another state. If you want to bring in a witness from another state, you can expect to do that at your expense, through your own lawyer. A Tennessee court has no power to issue a subpoena effective across state lines.

  3. #3

    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.

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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.

  5. #5

    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.

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

    I hope you have deep pockets if you plan on subpoenaing all these people. Many, can charge for professional testimony. The prosecutor is also likely to file a motion regarding your waste of the courts time. Further it is likely you will be hauled in front of the judge to justify each and every subpoena you wish to have issued. They won't play games.

  7. #7
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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?

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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?

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

    Quote Quoting lorie42
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    Does the state have to subpeona any and all witnesses within the state that I request, including expert witnesses?
    You will need to retain and pay your experts, and make sure that their schedules are clear for the dates of their testimony.

    You can't force somebody to give expert testimony on your behalf. If you issue a subpoena to somebody who is not a fact witness and has not been retained as an expert, you should expect to be sanctioned by the court.

  10. #10
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Quote Quoting lorie42
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    can they subpeona any and all witnesses at our request
    there is no "our", it is their attorney not yours, their attorney may find the best defense for your co-defendant is to play the "OP did it all" card

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