Arrest, Search, Seizure, Warrant subpoena

[jaime007]

hi,

Can a defendant in a criminal case have his lawyer subpoena me and my sister's phone company providers for our phone records? Do the companies have to comply or do they need our concent and or permission to provide the defendant lawyer with the records? If his lawyer is able to get the records from the companies can this be presented as evidence before a judge in court?

thanks in advance,
Jaime

 

[seniorjudge]

hi,

(1) Can a defendant in a criminal case have his lawyer subpoena me and my sister's phone company providers for our phone records? Do the companies have to comply (2) or do they need our concent and or permission to provide the defendant lawyer with the records?(3) If his lawyer is able to get the records from the companies can this be presented as evidence before a judge in court? (4)

thanks in advance,
Jaime

1, 2, & 4: Yes

3: No

 

[jaime007]

seniorjudge,

I am not clear on your numbering and its making it difficult for me to understand your response. 2) 3) and 4) are not clearly marked

 

[jaime007]

1, 2, & 4: Yes

3: No

can my lawyer ask the court for a disclosure to see what his lawyer recovered from the phone companies or would he have to subpoena her to view any documents she recieved fro the phone companies.

 

[CdwJava]

I'll break down SJ's reply:

(1) Can a defendant in a criminal case have his lawyer subpoena me and my sister's phone company providers for our phone records?

Yes.

(2) Do the companies have to comply

Yes.

(3) do they need our concent and or permission to provide the defendant lawyer with the records?

No.

(4) If his lawyer is able to get the records from the companies can this be presented as evidence before a judge in court?

Yes.

- Carl