QUESTION
Am I responsible for the cost of the expert witness?
Asked on Aug 26th, 2012 on DUI/DWI - Michigan
More details to this question:
I was charge with DUI and Hit and Run. The expert witness only testified that I was not driving DUI. I was found not guilty of DUI but was found guilty of Hit and Run. Am I responsible for the cost of the expert witness?
21 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 9:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on May 22nd, 2013 at 9:42 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 5:46 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you hired the expert you are responsible.
Answered on Sep 05th, 2012 at 8:26 PM
If the witness was called by the defense and not by the prosecution then yes the defense has to pay for the expert witness. If the prosecution called witness, the defendant does not have to pay.
Answered on Sep 04th, 2012 at 12:12 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If the expert hired on your behalf, you are responsible for his fees.
Answered on Sep 04th, 2012 at 11:46 AM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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If you are indigent the court may order the county to pay the costs of the expert. Otherwise , yes you are responsible for the expert's testimony (and given the outcome, you should be very happy to pay that fee).
Answered on Sep 03rd, 2012 at 11:27 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Who hired the witness? Did he appear as your witness. If so, then yes, you may well be responsible. Sounds like the expert was worth it, as you were not convicted of DUI. I can assure you that had you been convicted of DUI, the impact would have been far more costly to you than whatever the expert witness fees are.
Answered on Aug 31st, 2012 at 9:36 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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Yes you are responsible unless it is a court appointed case. Then the state picks it up.
Answered on Aug 31st, 2012 at 9:04 PM
1 Award
If you or your attorney hired the witness, then yes. If the prosecution hired the witness, then no.
Answered on Aug 31st, 2012 at 9:02 PM
Steven D. Dunnings
Are you kidding? You think your attorney should pay for defending you.
Answered on Aug 30th, 2012 at 10:34 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you authorized your lawyer to hire the expert you presumably agreed at the time to be responsible for the expert's fees. So you're responsible for his fees. Expert witnesses don't agree to testify on the condition that they'll be paid only if the party who hires them is completely successful. Even so, this one's testimony seems to have been fully successful. How could an alcohol consumption/testing expert ever be expected to testify that you didn't leave the scene of an accident anyway? Pay the man, and recognize how fortunate you are to have beaten a DWI.
Answered on Aug 30th, 2012 at 10:05 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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If you hired him yourself, or through your attorney, you are responsible for the expert's fees regardless of outcome.
Answered on Aug 30th, 2012 at 9:56 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If you retained the expert, then yes.
Answered on Aug 30th, 2012 at 12:24 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Ask your attorney, and read your retainer agreement. Of course you are, it is your case he was hired for.
Answered on Aug 30th, 2012 at 12:20 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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This depends on the arrangement between you and the expert. If you agreed to pay for his costs, you are responsible for them. Unless you clearly indicated that the results would determine payment, you have to pay for the expert.
Answered on Aug 30th, 2012 at 12:17 PM
Yes, of course you're responsible for the cost of hiring the expert witness.
Answered on Aug 30th, 2012 at 9:42 AM
It depends if you used a public defender or a private attorney. Sounds like you used a PD, because otherwise no expert would testify without getting paid first. If it was a PD, then it is unlikely you will pay anything other than the nominal amount the Judge orders for the PD representation.
Answered on Aug 30th, 2012 at 9:40 AM
Michael J. Breczinski
Was he your witness? If so the answer is yes.
Answered on Aug 30th, 2012 at 9:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Usually the client pays for all costs, including the costs of expert witnesses. You should be discussing this with your attorney.
Answered on Aug 30th, 2012 at 8:56 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you hired the expert, then yes, you would have paid them.
Answered on Aug 30th, 2012 at 8:43 AM