Criminal Law Questions? Ask a Criminal Lawyer.
When a subpoena is issued to retrieve text messages and phone records, how long does it usually take the company to respond. And does the company monitor it until the court date or is it just a one time thing?
There is no set answer to this. Phone companies protect the privacy rights of their customers. If these are your records you should get them fairly quickly. If they are the complainants, you'll have an easier time of it if the DA subpoenas them and turns them over as part of the discovery. They are less likely to give the prosecutor a hard time, where as you might have to file an order to show cause.
OK. Here is the situation. My wife and I are going through a divorce, and she has been having an affair (threesomes with a man and women). She has had my daughter with her during this time. She is still continuing to act irresponsibly and taking my daughter with her to these people's house, and when they were coming over my daughter saw. In her text messages she shows how she is putting my daughter in these situation. Also my wife has a history of drug use and the phone could show records that she is still looking for drugs. Also her ex-boyfriend is a gang member and she is in contact with him again. The phone records will show all this. So what do you see the outcome of getting these things subpoenaed and emails?
So even if a phone company is subpoenaed they don't have to release the records?
Hi,Sometimes they won't without a battle, which is why you'd want the judge to sign off on the subpoena, which lets the phone company know that the records are needed for litigation. If they don't comply, you could do what's called an order to show cause to force them to show up in court to explain to the judge why they shouldn't be held in contempt of court for their failure to turn over the records.I don't want to make it seem like you're going to be guaranteed to have problems getting the phone records. I am simply letting you know that it's not necessarily as simple as "I'll just write up a subpoena, get it served, and that will take care of that." Give yourself plenty of time to get the records and follow up with the person you served, if you don't hear in a reasonable time.
Ok. See I have an attorney, and he seems to tell me he can get this information. That he should be able to get a judge to sign off on this subpoena fairly easy. Why would you think he is waiting on filing and not doing it already? Just your personal professional opinion? Is there some sort of benefit for waiting? Cause my thought is that if they started getting these records now then they would have more information to use if the court date is still a couple of months away. Your thoughts please?
If you have an attorney who says he can get them, he will have dealt with issues like this many times before and knows how to get what he needs.I can only guess at why he wants to wait. All or none of these may apply. But there are many potential good reasons:
It may be that he doesn't think they are as necessary as you do in order for you to prevail; he may just get the judge order the other side to get them and turn them all over; he may already know that the trial won't really go in a couple of months but will take months longer still, so waiting ensures he'll get the most up-to-date records. The person who would best know the answer to this is your lawyer.
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