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My sister received a grand jury subpoena duces tecum that was sent to her ISP provider, wh…

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My sister received a grand...
My sister received a grand jury subpoena duces tecum that was sent to her ISP provider, who is in VA,the subpoena say's its reguarding to a criminal investigation, My sister states she does not know what this is about, she just pay's the ISP provider and does not live at the location.
Submitted: 3 years ago.Category: Criminal Law
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6/23/2015
Criminal Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) f you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Who does live at this location? Is it someone she rents to? Or a friend of hers, etc? Why is the service in her name, then?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Criminal Lawyer: Ely, Counselor at Law replied 3 years ago
Hello,
You have yet to reply, and I have to go offline, so I will send an answer based on the information I do have. Feel free to reply with any more questions, of course.
In both criminal and civil situations, the prosecutor (criminal) or Plaintiff (in a civil) situation may subpoena the ISP for information of an individual who they have flagged for illicit content online. With criminal, this can be unlawful images, terrorism, etc. With civil, this may be theft of intellectual property such as downloading of movies.
The ISP receives this subpoena and then sends notice to the actual person on the bill (who happens to be your sister), stating that she has a little time to file a motion to quash, or, the ISP will simply give the information as requested.
A motion to quash allows a third party (i.e like your sister) to file to quash the subpoena. I am not sure whether this is on a state or federal level, but generally, the motion to quash seeks to quash the content based on (a) not pertinent information, (b) inconvenience to party, or (c) harassment.
I will not lie - most ISP motion to quash subpoenas fail. She can of course still try to file one. There is a practical catch 22 there, however. If she files herself, she has to file as a "John/Jane Doe," and has to have an attorney show up for her. Otherwise, she will out her identity the moment she steps into the courtroom for the hearing ON THE MOTION.
The good thing is that if she is NOT living there, then likely, she personally will not be held liable as long as she can show that she is not the one that was doing whatever it was the Plaintiff or Prosecutor are pursuing. So her best defense may be not "motion to quash," but, "It is under my name, but I do not live here - here is who does and talk to them."
Naturally, I would use counsel for ANY exchange of information and discussion with the opposing party.
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