Q: Attorney Tully, I am charged with drug possession. I have an elderly witness whose testimony can help me. But her memory is failing. How do I lock in her testimony?
A: There is a rule of criminal procedure that allows for the preservation of testimony of elderly or frail individuals showing signs of mental infirmity or dementia. You can use that rule and take her testimony to preserve it for trial. You may even use the testimony at trial without her being present, if she cannot make it in. If you have an attorney schedule her deposition before trial asap. Call me. Bernie