Depositions occur when a witness is interviewed under oath before trial. Depositions are admissible in criminal cases in Nevada in a wide variety of different circumstances. A deposition can be taken when a witness is elderly, defined as aged 70 or older, or when a witness is a vulnerable person. Depositions can generally be admitted as evidence during trial when witnesses are dead; when they are out of state; if the witness cannot come to court to testify due to sickness or infirmity; if the witness is no longer of sound mind; or if the witness cannot be compelled by subpoena to come to court. Depositions may also be introduced into evidence in order to impeach a witness, or to point out inconsistencies in testimony.
When a deposition is admitted in criminal court, it can sometimes be detrimental to your trial strategy. You may wish to argue that all or part of a deposition should not be admissible. A Las Vegas defense lawyer can help you to determine if you have an argument against admissibility and can provide assistance in making that argument to try to convince the judge to prevent the introduction of the evidence. On the other hand, you may also want a deposition to be admissible and may find yourself with a prosecutor arguing that presenting the evidence would be improper.
In any situation where questions or legal issues arise surrounding a deposition, it becomes imperative for the defendant involved in the criminal case to make the most compelling arguments possible for his position. A Las Vegas criminal defense lawyer can provide assistance in all legal matters related to depositions. LV Criminal Defense is here to help.
Nevada addresses admissibility issues in depositions in Nevada Revised Statute section 174.255. According to the relevant code section, an objection can be raised to either admitting the entirety of a deposition or to admitting a part of the deposition into evidence. The objections which can be raised are the same as those which could be raised in a civil action.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
One common objection that can be raised is the objection that the testimony in the deposition would not be admissible if the witness was actually in court providing the testimony. Other possible arguments include lack of notice before the deposition was taken, or an argument that the conditions for admissibility are not met.
Even when a deposition is ruled to be generally admissible, it is also possible to object to the introduction into evidence of certain parts of the deposition, such as answers to specific questions which constitute inadmissible hearsay or which otherwise are not permitted under the rules of criminal or civil procedure in the state of Nevada.
Being able to prevent a damaging deposition from being introduced into evidence could be vitally important to your defense strategy. You need to understand the Nevada rules of procedure related to raising objections to admissibility and you need to ensure you are doing everything you can to make the strongest possible arguments when you don’t want a deposition admitted.
The rules for admissibility of any evidence can be extremely complicated and many defendants are not familiar with these rules or with the arguments they can make to fight against having evidence presented in court. Being represented by a Las Vegas criminal defense lawyer is vitally important so you can do everything possible to try to keep all types of damaging evidence from being used. If a prosecutor cannot present the evidence necessary to prove guilt beyond a reasonable doubt, the prosecutor cannot secure a guilty verdict.
LV Criminal Defense knows how to help defendants to determine if a deposition is admissible and can provide invaluable assistance in arguing for why a deposition shouldn’t be used as evidence in your trial. If you want a deposition admitted, we’ll also help you to make this argument as well. To learn more about how we can help with depositions and with other aspects of your comprehensive criminal defense, give us a call today.