Conditional Examinations
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to preserve his testimony under procedures prescribed in the penal code. In a noncapital criminal prosecution either the prosecution or the defense may have a witness conditionally examined by showing that the witness's testimony is material and that the witness is about to leave the state, is so sick or infirm that the witness's ability to testify at trial is in doubt, is sixty five years of age or older or a dependent adult. If the prosecution is for a serious felony or concerns a case of domestic violence either the DA or the defense attorney may have a material witness conditionally examined on a showing that the witness's life is in jeopardy. If you are arrested for a misdemeanor or felony contact Christine McGuire, a 30 year former prosecutor, Santa Cruz Criminal Defense Attorney, Santa Clara County Criminal Defense Attorney.
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Criminal Defense, Driving Under the Influence, Juvenile, Domestic Violence, Santa Cruz Criminal Defense Attorney, Felony, Misdemeanor, Expungement, Drug Abuse, DUI, DUI with Injury, Murder, Santa Clara County Criminal Defense, Santa Clara County Domestic Violence Defense Attorney, Santa Cruz Criminal Defense Lawyer, Santa Clara County Criminal Defense Lawyer, Monterey Domestic Violence Defense Attorney/Lawyer, San Jose Domestic Violence Defense Attorney/Lawyer, Intellectual Property Crimes, Domestic Violence Restraining Orders