Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
"The forensic scientist will, at some point, have to testify. Testimony is the verbal statement of a witness, under oath, to the judge or jury. Forensic scientists are “expert” witnesses as opposed to ordinary or “fact” witnesses. Expert witnesses are permitted to testify not just about what the results of testing or analysis were (“facts”), but also to give an opinion about what those results mean. For example, a forensic scientist may testify about the observed, factual results of a chemical drug analysis and that, in their expert opinion, the results show that the tested substance is a specific drug, such as cocaine or heroin."
That's not my issue anyways, my issue is compensation and so on. I've emailed asking questions, hopefully they respond soon.
I processed the evidence for DNA casework. I only did the serology work, because I have no details of the case at the moment I can only assume I found "something" and transferred the case to a DNA analyst (who would analyze the final profile(s) obtained) because I was only trained in serology at that time.
I assumed I'd be considered an expert witness but maybe that is incorrect.
So you actually worked on the case ... that's not an expert-witness.
So you actually worked on the case ... that's not an expert-witness.
Yes it is, see above.
BTW forensic scientists are usually subpoenaed when they are to testify, it's pretty standard.
Either way I'm just asking about how to go for compensation, I've already emailed, but have not received a response, I'll wait a day before asking again.
You've been subpoenaed by the court and are mandated to appear plus can be reimbursed your reasonable expenses. An "expert witness" is a recognized authority called upon as a paid consultant to testify in a proceeding but not one in which he is or has been professionally involved.
In this case you fall into the former category, not the latter. You'll just have to wait to hear from the prosecution to see for what you're going to be reimbursed.
You need to get an attorney for yourself to call the prosecutor to advocate for you. You should be paid for your time and expense. I would absolutely insist that the prosecutor sign a fee agreement and if they won't do that, notify both attorneys on the case that you need to speak to the judge. You can do that. Simply explain your circumstances and the fact that they will not reimburse you for all the trouble and request to be excused. Alternatively, you can offer to do video testimony and/or a deposition where you live (let the attorney travel!).
I've done this before (I'm a psychologist). When the attorney who's subpoenaing me realizes I'm not a sucker, they usually back down. You can't ignore a subpoena, but it can be quashed and it is not the same as a court order from a judge.
I assumed I'd be considered an expert witness but maybe that is incorrect.
You are correct, you are still an expert witness regardless of your role. You are testifying to scientific facts and offering an expert opinion of the results. However, that is secondary to your role. Were you a government employee carrying out the duties of your position or were you some lab tech for an outside company? If an outside company, were you doing it for the "state" or for another reason. Those are key to determining what compensation (if any) that can be offered to you.
There is a difference between being an expert witness and receiving a subpeona.
Exactly. If a subpoena was issued, it's because of your knowledge regarding a specific facet of the case. This compels your testimony. An "expert witness" is someone sought out by either the defense or the prosecution and compensated for providing their general knowledge of a given subject.
I can't speak to Texas's policy, but from a federal standpoint, subpoenaed witnesses are reimbursed for travel and related expenses (like hotel stays). In some instances, the government will pay for it up front - usually if you can demonstrate undue hardship in paying for the travel yourself. But normally, reimbursement comes after you submit a travel voucher. There should be someone available to walk you through accomplishing this.
So you actually worked on the case ... that's not an expert-witness.
Um, that's *exactly* what an expert witness is.
An expert witness is a person who is allowed to give an opinion in their testimony (a regular witness cannot) because they have special knowledge or skills that are relevant to the case. A scientist from the crime lab who works on a case is an expert witness. A mechanic who has expertise about a certain type of vehicle because that is all he works on can be an expert witness, even though he may not have a college degree. The criterion is "relevant skill or knowledge beyond that of the average person."
I was a forensic scientist in Florida for several years. After I moved on to a new job I got a call to come back for a trial. I outlined the arrangements I needed them to make and the person (office staff, not an attorney) on the other end tried to fob me off with "no, you make the arrangements and *maybe* you'll get reimbursed." I told her to call me back when they were serious, hung up, and within ten minutes the attorney called back and agreed to my requirements.
CMMom is right; they have to make a reasonable attempt to accommodate you, which may be video testimony or the attorney comes to you for a depo. This doesn't mean be a jerk (not that you would be) but don't back down either. They don't get to turn your life upside down on a whim.
What for? The TRIAL Is already in PROGRESS and they JUST NOW decided to call you?
This doesn't sound right to me.
I received a subpoena for a CIVIL cause of action from my former corporate employer's adversary. For a deposition. They DID offer to pay my expenses up front. Buy the plane tickets and hotel etc. But I still refused.
I simply called them up and said "You're crazy if you think I'm flying to Texas on MY OWN DIME on MY OWN TIME" for this crap. (yes it actually was Texas - from PA.). I own a retail store now and am NOT taking off two days losing revenue and having a bunch of animals die in my pet shop for your nonsense".
"If you want to depose me you come here. Or watch me lose my memory REAL QUICK."
So they did.
On a Sunday morning LOL. Five people showed up in a rented office with the whole dog and pony show - video cameras etc.
And they were MAD. The FIRST question the attorney asked me was a hostile question about my refusing to travel yada yada. They thought they were playing with some wimp.
Of course, my former COMPANY fully trained me in depositions before I went there and I actually had fun. I looked like the girl in My Cousin Vinny studying the photos on the witness stand.
It ended up being a long drawn out discovery period so I spent some additional time on it for about 6 months.
In MY case, I charged 600.00 per day in 1997. The Plaintiff (adversary) paid me for 2 separate times they deposed me and my company (the defendant) paid me as a consultant for behind the scenes work.
I had no idea who named ME as the "expert" but my name was all over ALL the discovery.
They were forced to withdraw the suit because they couldn't get ANYWHERE with me or anyone else on "our side".
YES a criminal case is different and so is the case law but lawyers are all the same.
And I can't imagine any judge making a nursing MOTHER fly all over the place when you can easily be deposed or testify on camera in your own state.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
