Florida is one of a handful of states that allow criminal defense attorneys to take depositions in criminal cases.
In felony cases, you can depose just about every single witness (with some exceptions).
In misdemeanor cases, you need to file a motion and make sure you demonstrate good cause. If the reason is good enough, most judges will let you take them.
What is a deposition? It is sworn testimony of a witness. The defense attorney will subpoena the state's witness and under oath, the attorney will get to ask that witness questions about their involvement in the case.
It is a critical step in the discovery process because it allows the defense attorney - not the arresting officer or some detective looking to make an arrest, and who is only interested in seeking the answers they want.
If you are charged with a felony, your attorney should be taking depositions. No question about it. Unless the case is one that is going to resolve quickly and easily, witnesses should be deposed.
If you are charged with a misdemeanor, discuss with your criminal defense attorney whether depositions would be appropriate.
Obviously every case is unique and in some instances, depositions are not needed. If you are charged with a low-level felony and your case is going to resolve with Pretrial Intervention (deferred prosecution), then obviously depositions would not be helpful. However, if you are charged with a serious felony and you are looking at prison time or other serious consequences, it would be best that you be prepared. Taking depositions is the best way to get prepared.
If you are charged with a crime in South Florida, contact me to discuss your case.