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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26622
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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what is the meaning of subpoena and how to get it who issues

Customer Question

what is the meaning of subpoena and how to get it? who issues subpoena? My gmail was hacked. I asked google to provide me details of when it was hacked and ip address from which it was hacked. I know the person who did it. Google replied saying they can provide information based on state and federal laws which requires a subpoena ..Can you provide details on that?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.
There has to be a lawsuit filed in order to get a subpoena, which is issued by the court clerk. When you're seeking information, the court clerk issues a subpoena duces tecum which is served on the person or entity. Once the subpoena duces tecum is received, the recepient has to provide the requested information within 10-20 days.
Customer: replied 5 years ago.

Hi

 

where can i find a court clerk in stamford?

as i mentioned earlier...i had filed the police complaint in schenectady ny ..i am in stamford ct now....

 

what sud i tell the court clerk ?how much do they charge? will he issue a subpeona ? on what basis?

 

Let me know details please

 

 

Customer: replied 5 years ago.

you mentioned "Once the subpoena duces tecum is received, the recepient has to provide the requested information within 10-20 days. "

 

this means who has to respond?

 

do u mean if the court clerk issues the subpoena on my ex boyfriend, my ex boyfriend has to respond within 10-20 days or google has to respond?

 

please explain this and the earlier question i had asked.....

Expert:  Roger replied 5 years ago.
Whomever the subpoena is served on has to respond. IF you serve Google with the subpoena, it will have to respond within the time alloted on the subpoena. 10 days is usual for federal court actions, while 20 days is more common in state courts.
Customer: replied 5 years ago.

Hi

 

Request you to please answer my questions one by one as below

 

I am in stamford,CT. Case was filed in schenectady,NY. and the guy who hacked my emails lives in LA,CA.

 

So from where do I have to get the subpeona issued? stamford,CT or schenectady,NY?

I am asking this question because when i went to stamford police station to reopen the case, they said it has to be done from where the complaint initiated ie schenectady , NY.

 

2) will a court clerk issuing the subpeona suffice or I have to meet a attorney for this?

 

3) does asking for subpeona means a valid court case against that person ?

 

4) what happens after the subpeona is served? if it is against my ex boyfriend, and he does not appear in court what happens? what if he says he never got it?what if he throws it after reading?

 

5) what are the methods of serving subpeona? is it by email or by fedex ? who has to send it? the court clerk or myself?

 

6)how much will it cost me to get a subpeona? since i have no clue about it

 

Thanks

su

Expert:  Roger replied 5 years ago.

1. You'll have to get the clerk of the court where the action was filed to issue the subpoena.

 

2. The clerk will issue the subpoena

 

3. No. It means that there is a pending action involving the person

 

4. If he is served and fails to produce the documents, he can be held in contempt of court (possibly jailed). He can't say he didn't get it if he is personally served - you'll have a process server to testify that he handed it to him.

 

5. It must be served by a process server.

 

6. If the clerk has the forms, it should only cost the filing fee.

Customer: replied 5 years ago.

Hi

I am totally confused

 

I had asked google to assist me by providing me details of when my ex boyfriend hacked my gmail , deleted my mails. google asked me to get a subpeona to be able to provide the information.

 

So does this subpeona have to be issued to my ex boyfriend ??

 

So subpeona has to be issued in whose name ? my ex boyfriend who did the hacking or to google to give the information to me about details when my ex boyfriend hacked my emails?

 

2) what is the meaning of a process server?

 

3) if clerk has forms what is the filing fee approximately?

Expert:  Roger replied 5 years ago.

The subpoena has to be issued to Google - if that's who you're seeking information from.

 

The subpoena has to be issued by the court clerk upon your request.

 

A process serves is a person that serves the papers on Google.

 

You'll have to ask the clerk for the fee. It varies from county to county.

Customer: replied 5 years ago.

Hi

 

1) So if i understand it correctly, a request has to be sent to google to provide the information. And this request has to be legal and so it has to be issued by court clerk and this legal document is called subpeona ?

 

2) i have to do it from schenectady , ny since i had filed the police complaint in schenectady , ny ?

 

3) the police had closed the case because when i was asked if i want to press for charges against hacking i was in indecisive mode and said no.

do i need to reopen the case for issuing this subpeona?

 

4) what are the punishments for hacking and deleting mails? what action will be taken on my ex boyfriend for this crime?

 

thanks

su

 

Expert:  Roger replied 5 years ago.

1. Yes.

 

2. Yes.

 

3. Yes. The case must be re-opened in order for a subpoena to be issued.

 

4. This is likely a misdemeanor, carring jail time up to 1 year and a fine of $2000 or less,

Customer: replied 5 years ago.

Thanks for your response.

 

he confessed to hacking accessing and deleting my emails and it is recorded in police station.

 

What if my boyfriend lies that i had given him password XXXXX i forgot to logout? he will lie to defend himself?

 

 

 

 

Expert:  Roger replied 5 years ago.
All you can do is try and prove his lies with your own testimony. The botXXXXX XXXXXne is that he did not have permission regardless of anything you did - short of giving him permission to view the info.
Customer: replied 5 years ago.

Thanks for your response!!!

 

just one more question:

 

how much time will it take approximately for getting my ex boyfriend fined or imprisoned?

 

and i am doing the running around? can i claim for the damages and expenses? i had to change my credit cards, he circulated my emails, showed to his friends blackmailed me etc?

 

 

Expert:  Roger replied 5 years ago.
Once you file the charges, the district attorney and its investigators will pursue the action from there.
Expert:  Roger replied 5 years ago.
Once you file the charges, the district attorney and its investigators will pursue the action from there.
Customer: replied 5 years ago.

sorry for more questions..hopefully this is the last one i have for u

 

1) What information should i be asking from google to establish that my ex boyfriend hacked my email and deleted emails more than 2000 in number?

i am thinking of ip address, ip address belongs to whom, date of deletion of emails...what else can u please suggest since you are a criminal lawyer and can guide me exactly on this.

 

 

2) typically how much time does this whole process take? for my ex boyfriend to get penalised? is it around 6 months? a year? i mean just to a rough approximation

 

 

Expert:  Roger replied 5 years ago.
Ask for any documents that pertain to your account.

The process usually takes less than a year.
Customer: replied 5 years ago.
u mean one year...if all the evidences are available still one year?
Customer: replied 5 years ago.

 

 

I have to request google for information for getting evidences to establish my ex boyfriend hacked myemail and deleted mails.

You mentioned ask for document? I am not sure what you mean by documents?

 

should it not be ip address, ip address owner , date of deletion ? anythg else i need to ask google for evidence sake? pls suggest

 

Customer: replied 5 years ago.

 

 

I have to request google for information for getting evidences to establish my ex boyfriend hacked myemail and deleted mails.

You mentioned ask for document? I am not sure what you mean by documents?

 

should it not be ip address, ip address owner , date of deletion ? anythg else i need to ask google for evidence sake? pls suggest

Expert:  Roger replied 5 years ago.
That's right. all of the information you seek will be in the form of documents. You should ask for ALL documents pertaining to your account.
Customer: replied 5 years ago.

Hi

 

can u read this and tell me the subpeona has to be issued for whom ? google or my ex boyfriend?you are a criminal lawyer and this will make sense to you. I cant understand that what this means? does it mean subpeona to be issued to google or against my ex boyfriend?

 

please read this which i got from google

 

======================================

Thank you for your message.

The information you are requesting is subject to state and federal laws.
In accordance with those laws, it is Google's policy to only provide
information pursuant to a valid third party subpoena or other appropriate
legal process.

For subpoena requests, please send them to:

 

 

 

fax number of google

 

address of google

 

=========================================

 

 

so does this mean that subpeona to be issued to google for getting information from them or againt my ex boyfriend?

 

please help me ..i am totally confused

 

Expert:  Roger replied 5 years ago.
That's right. You'll have to subpoena Google for the information you need to prosecute your ex.
Customer: replied 5 years ago.

since u said "You'll have to subpoena Google for the information you need to prosecute your ex"

 

do i need to have my police complaint reopened? and do i need to do it from schenectady where the police complaint was registered or can i do it from stamford.ct where i live rite now?

Customer: replied 5 years ago.

since u replied that "You'll have to subpoena Google for the information you need to prosecute your ex"

 

do i need to have my police complaint reopened? and do i need to do it from schenectady where the police complaint was registered or can i do it from stamford.ct where i live rite now?

Expert:  Roger replied 5 years ago.
Yes, you have to have an active case to get a subpoena issued. You have to get the subpoena issued from the clerk where the initial case was filed.
Customer: replied 5 years ago.
As a criminal lawyer you have experience on these cases Can you tell me what are the evidences i need to produce for getting my ex prosecuted? His confession is recorded in niskayuna police station. I will ask google to provide details when my ex accessed my emails and deleted them What else do I need as evidence? Please advice Thanks su
Expert:  Roger replied 5 years ago.
These particulars are going to have to be discussed with the prosecutor and investigators. I don't know all of the facts to be able to tell you how to litigate the case.

Customer: replied 5 years ago.

Hi

 

If I have to hire an attorney for this, do i have to do it form schenectady(where police compaint was lodged), ny or my current residence stamford , ct?

Expert:  Roger replied 5 years ago.
You should call the prosecutor's office in Schenectady and ask one of the attorneys to help you with filing the subpoena. Since this is a criminal matter, they should help.
Customer: replied 5 years ago.

Hi

 

For subpeona request to google, do i have to take help from attorney? you said i have to go to court clerk?

If attorney is required, sure i will..please let me know

 

2) what happens after the request is issued? do i have to hire another attorney to file the criminal charges i mean file a lawsuit against my ex?can i hire that attorney from connecticut or i have to again hire only from schenectady?

 

 

Expert:  Roger replied 5 years ago.
The clerk has to issue the subpoena. However, if you need help filling it out, you can ask an attorney for help. IF you're filing criminal charges, the district attorney must handle it. If you want to file civil charges, you will have to hire an attorney. You will have to hire an attorney licensed in the state where the incident took place.
Customer: replied 5 years ago.

how to find an attorney for filing criminal charges? how do i know that the attorney is good enough?

 

how much will it cost me approximately for the entire case? if i cant afford very expensive attorney how should i proceed?

 

how much time will it take approximately for my ex to be prosecuted?

 

 

Expert:  Roger replied 5 years ago.
If it is a criminal case, it won't cost you anything. The attorney will be the DA, which is paid by the state.

The time depends on the number of cases on the docket. The time is approximately a year.   

Customer: replied 5 years ago.

How do i get in touch with the DA? i mean how do i approach the DA to take up my case? when will he be available i mean on weekdays/weekends?

 

my ex lives in California..so will he proceed or will he say the federal guys have to step in ? how does it work?

 

please guide on how sud i proceed

 

let me tell u ur extremely good..patient...understanding ..listening...really really helpful...may god bless u ....

Expert:  Roger replied 5 years ago.
You just need to call the DA in New York and speak to one of the staff attorneys. They'll direct you with how to file a formal charge against your ex.
Customer: replied 5 years ago.
can u tell me who is the DA ? what are his contact details? when will they be available? can i talk to DA directly or take appointment? what is the procedure to meet a DA. I am sure DA must be extremely busy ? can i meet him personally or make a call ?
Expert:  Roger replied 5 years ago.

Here is the website to the DA:

 

http://www.schenectadycounty.com/MenuItemList.aspx?m=138

 

You'll just have to call and speak to them about the particulars.

Customer: replied 5 years ago.

so to get subpeona i have to talk to DA and he will ask his staff to help me rite?

 

are all criminal cases handled by DA?

 

or there are some criminal lawyers practicising by themselves and they charge fees?

Customer: replied 5 years ago.

hi

 

i am wondering it is such a difficult task for me

 

i am in stamford,ct...i have to shuttle between stamford and schenectady ny for opening the police case, meeting the attorney in schenectady for filing the subpeona, meeting the DA for filing the criminal charges against my ex

 

 

cant i open the police case, file the subpeona from schenectady, ny but take help from attorney in stamford,ct and file criminal charges?? do the filing of criminal charges have to happen from schenectady, ny only ?

 

i am just trying to understand because this is a year long process and i have to run around after the police and attorney and that too on weekdays ..i dont know how can i do it.because i wont get day off from my work often to do all this ??

 

please advice

Expert:  Roger replied 5 years ago.
You can only decide whether or not this is convenient for you to take on.

Again, your best bet is to contact the DA and speak to them about the process and how to proceed.
Customer: replied 5 years ago.

ok i will speak to the DA ..do u think DA will speak directly to me or his staff will speak ? do i need to take an prior appointment to talk to him? do i need to meet him in person?

do u know if their office is working during weekends or only mon-frid ?

 

I want to go ahead only concern is the shuttling between two states ny and ct ....but if thats how it works...i cant help it..i will go ahead....

 

 

 

 

Expert:  Roger replied 5 years ago.
You'll have to call and make an appointment. You should be allowed to speak to the DA or one of the deputy DA's.
Customer: replied 5 years ago.

thanks.....i am feeling more confident now..

 

when the officer at schenectady police station had asked me if i want to press for charges, i had said no at that time and had told the officer that i will follow up with google. when i visited the police station about 3 weeks ago , the officer told me since schenecatdy , ny is a small town and that i have moved to stamford,ct and my ex lives in california, the officer told that federal guys will have to step in because it is ny state , ca state. what should i tell the police officer that i want to reopen the case. Moreover the officer is not available most of the times and he is on training or somethg and if i talk to any other officer they say since the complaint was registered by that officer only he should be contacted to handle the case. It is so difficult for me to get in touch with that officer. What should i do ?

Expert:  Roger replied 5 years ago.
You need to tell the police that you want to press charges. IF that officer is not available, just go straight to the DA.
Customer: replied 5 years ago.

ok i will talk to the officer again .i get a feeling that he is not even interested...he just says niskayuna is a small town we cant do much bcos ur ex lives in california...so u can get in touch with federal guys...etc..i dint know what to do....

 

i will talk to him again and if he still just jerks it off as a small thing then what should i tell the DA if he asks me why dint u talk to the police and get the case reopened? what should i say ? is it right to tell that the officer told me we cant do much only federal guys can help? will it affect me ?

Expert:  Roger replied 5 years ago.
You just need to tell the officer everything you know and let them advise you.
Customer: replied 5 years ago.

ok

 

i1) f i file criminal charges against my ex, will i be affected in any way ..meaning if my employers know i filed criminal charges on my ex, is it going to impact my professional life?

 

 

2) if my ex comes to know i filed complaint against him with the police, if he runs away or changes job/location...how do i come to know where he lives and how will the attorney send notice to him? how to find my ex if he absconds? how will police find him ?

 

is there a way to track a person if he changes address/job?

Expert:  Roger replied 5 years ago.
I can't answer the first question - I have no idea how someone will percieve your actions.

IF he runs, the police can get a warrant for his arrest - he'll eventually be found.
Customer: replied 5 years ago.

there is a website "ic3.gov" where we can report internet crime like hacking....this site is run by fbi. I had registered my complaint on this website too...hoping some action wud be taken...but i got no response.....when i called fbi office they routed the call to bridgeport because bridgeport falls under stamford jurisdiction, i spoke to one agent and asked her if my complaint was being reviewed she said there are thousands of complaint and since it is one month i have registered the complaint, it will take time...but there is no guarantee it will be reviewed because there are millions of complaints...

 

she told me why dont u go to stamford police station and ask them to follow up..i went to stamford police station they said u have to go to schenectady ny where i had filed the complaint.....and also i was asked did u have any damages like did u loose lot of money or any major damage? i said my ex deleted all my emails it has my personal details like ssn , passport details, my parents details , bank acct details etc....he circulated my emails to hisfriends , blackmailed me etc....they just jerked it off saying change ur password, stop ur credit cards...i was surprised by their response...same response i got from schenectady police....i was made to feel as if hacking and deleting mails is such a small thing and the police have such big things to do and they just ignored my pleas......the poilice asked me did ur ex do anythg recently? i wanted to tell them wud u take action after he does anythg major? or wud u take action for what he has done ??

 

i am feeling helpless....as if my complaint is so insignificant...i am really not getting any attention......

 

please advice....i want my ex to be prosecuted...and the response from the police is very sad......they are thinking it is such a insignificant case......

 

 

what do i do ?

 

 

Expert:  Roger replied 5 years ago.
I've given you all the advice I know to give. You need to go to the authorities (DA and police) to pursue this matter.
Customer: replied 5 years ago.

ok

 

i am wondering if going to the DA is like directly approaching a very big authority. (pls correct me of i am wrong) ....it will be a right step from my side ?

 

and u mean go to DA for subpeona or for filing lawsuit?

Expert:  Roger replied 5 years ago.
It's the only step you can make. Go to the DA discuss the incident. IF there are grounds to file charges, the DA will assist you.

Once the charges are filed, the court clerk can issue a subpoena.

Customer: replied 5 years ago.

Hi

 

when we say if there are grounds to file charges....what kind of charges will apply ? Does it mean the whole case till my ex is prosecuted will be followed up by the DA ? inclusive of issuing the subpeona? or I have to meet someone else for following up with the remaining case and DA will focus only on issuing the subpeona?

Customer: replied 5 years ago.

hi

 

I tried calling the officer who had written my report.I just am not able to get in touch withhim .He is either on road or on vacation or on training .....i have been trying to reach him since past 7 days

 

what should i do ? i asked if i can speak to anyone else on this..they said no ..only the officer who wrote the complaint can handle the case noone else...and this wait is getting forever...the officer is never available..what should i do ?

Expert:  Roger replied 5 years ago.
Call the DA's office.

It has bee 6 days since we started this dialect. I can't afford to spend any more time for a $15 question, which hasn't been remitted yet.

We work on a contingency basis, and I'm losing money. I've told you all I know to do. If you need more individualized help, make an appointment with an attorney in your area.    
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26622
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

sorry for keeping you waiting

 

..you have been very good and knowledgable...

 

there is one site ask-leo.com..this site has very good information related to this type of case....i found it yesterday

 

thanks a million for all your help once again

 

god bless you..i am accepting the reply..sorry again for keeping you waiting for so long

 

 

Customer: replied 5 years ago.

hi

 

i accepted ur answer

 

but where is the option to pay ??

 

please let me know

 

thanks

 

 

Customer: replied 5 years ago.

hi Adam

 

the information you provided was incorrect.

I contacted the DA office and they mentioned that they prosecute only if there was a arrest. They dont issue subpeona or court orders.

 

I dont know whom to contact for getting my subpeona done. and i am not even sure if the police case needs to be reopned and if i have to see a private attorney for getting subpeona for google issued to get information.

 

 

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