Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. Phone records from a cell provide provider, can be obtained by court order. The provided is simply not going to nor is required to simply turn these over. As such, if there are concerns about criminal conduct, the police need to be contacted and this can be investigated and they can make the request or the prosecutor who handles the case, can obtain them. If this ends up being a civil matter, the moving party who sues can ask the Judge to sign an order, showing that these are relevant to the cause of action and can support the claim.
Yes, if relevant and necessary. Once the police investigate, they will turn the case over to the State to file formal charges and prosecute. Then, if you have information or knowledge that the text messages contain evidence, you can speak with them, advise them of the same and they can request them.
So you are the possible defendant being charged with an OUI and you want his text records to try and show something was slipped into your drink?
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!