Baker, FL Criminal Defense Law Firms & Lawyers

Presumably any experienced criminal defense attorney already knows the procedure for filing a motion in limine, or, in the alternative, for making the appropriate objection at trial.  The defendant's constitutional right to confrontation of a witness is normally the primary aid to the defense attorney in such a situation.  However, there may be other objections -- depending on what the testimony is -- and the purpose for what the opposing side is trying to use the statement/s.  There are hearsay objections that often can be asserted.  However, there also are exceptions to hearsay.  So, again, it depends on what is being asserted and for what purpose -- and whether the witness is determined, by the court, to be unavailable. Even if a determination of unavailability is rendered by the court, that does not resolve the issue of confrontation.  However, as noted in the first sentence, any experienced criminal defense attorney already knows this.  So you should not be need to be concerned about trying to instruct the attorney.

Can they? Yes. You fight it through motions to suppress, challenging the entry and search. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

This is a complicated set of facts, and it is impossible to give a complete answer. However, basically the accountant was merely an employee of the company. You will need to consult with a local attorney to get more specifics.