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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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If someone is charged with assault, who gets the medical records

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If someone is charged with assault, who gets the medical records of the "victim" - his lawyer, the cops, or the prosecutor?
Hello and thank you for allowing me the opportunity to assist you.

All three parties that you mention can get access to the victim's medical records. The police would have access to the records as part of the investigation. The prosecutor would have access to the records to help prove his case. The defense attorney would have access to the records to help defend his client. That doesn't mean that in all cases all three parties will get the records since there could be some cases where it is unnecessary for whatever reason. But if either of the three parties needs the records, then they can get access to them (particularly the attorneys, who can subpoena them).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 4 years ago.

The medical records are part of the discovery aren't they? So the cops should have them before anyone else? Then the cops give them to the prosecutor?

Hello again.

Yes, the medical records could certainly be part of discovery.

The police usually have the records first since they're investigating before a prosecutor usually gets involved. The prosecutor would generally get them from the police, and the defense attorney would be able to get them as part of discovery.

If for some reason the police and prosecution don't have the records, then the defense attorney could still subpoena them on his own.

Does that help? Please let me know if you need further clarification, as I am happy to continue assisting you. Thank you for using our service!
Customer: replied 4 years ago.

So sometimes the police and prosecutor try to make it hard on the lawyer by not giving him the discovery, then the lawyer has to subpoena them? does the subpoena have to be for a court hearing?

Hello again.

No, I would not say that the police and prosecutor sometimes refuse to give the records in discovery. If they have the records, then they will give them. Granted, in rare cases there could be crooked cops or prosecutors who hide evidence, but it would be utterly stupid for them to refuse to hand over medical records considering it's no secret that such records exist. Refusing to comply with discovery could not only lead to a dismissal of criminal charges, but the prosecutor could be disbarred.

Customer: replied 4 years ago.

One last thing. How long does it usually take to get the discovery?

Hello again.

Discovery must be given within 30 days of the defendant's request. It's in Rule 112: CLICK HERE for the rules.
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