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Q:     I served the otherwise cooperative witness a subpoena, but she says she can’t make it to court.  This is for a battery case, and this witness can prove I was acting in self… Scroll down to read more!

Q:     I served the otherwise cooperative witness a subpoena, but she says she can’t make it to court.  This is for a battery case, and this witness can prove I was acting in self defense. She has been otherwise cooperative and has agreed to come testify on my behalf, I subpoenaed her as well. I let her know that the trial would be this week two weeks prior, now that it is trial week she says she has to go out of town and has already spent 800$ on tickets, hotels etc. I have offered to reimburse her if she showed the receipts but she won’t respond. Jury selection has already occurred and I don’t see the judge allowing another continuance. I have a PD but she’s busy and usually takes days to return my calls. Any advice?
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1 lawyer agreed with this answer

James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL

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Answered Go to the PD’s office with copies of your witnesses travel itinerary and do not leave until someone from that office takes the information from you and agrees to file an emergency request for a continuance.

Then follow up your visit and agreement with an email to the PD citing the time, date and name of the person with whom you spoke and to whom you delivered the documents.

Then hope that they do their job and file the motion (and that the Court grants it). In the event that they do not follow through then bring a copy of the email to Court on your trial date so that you can prove to the Judge that you did all in your power to responsibly bring the matter up in a timely fashion.

BTW – When you say that “you subpoenaed” I assume that you mean that your PD did so. If not, and if you took this upon yourself, then this plan that I’ve outlined will be significantly weaker. If you did it then don’t do it again. You have as much business playing lawyer as I do playing space shuttle pilot.

I hope that I have been helpful in answering your question.

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Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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