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Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27260
Experience:  10+ years defending Misdemeanor and Felony cases.
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Trying to see if i can get my wifes boy friends phone

Customer Question

trying to see if i can get my wifes boy friends phone records
JA: What state are you in? It matters because laws vary by location.
Customer: his records would be indiana
JA: Has anything been filed or reported?
Customer: no...not yet....I know it happened ...but I need text or calling proof to get people to listen to me a bouncer got someone to put rupenol in my drink...that boucer is now talking to my wife
JA: Anything else you want the lawyer to know before I connect you?
Customer: how do I start investigating this type of crime....??? plus night cops were involved in a separate scenario
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
even if police are involved in the situation I'm in right now? the prosecutor will go after them?
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
Maybe they already are investigating and that is why I do not have access to the police report or videos yet?
maybe... I got fake OUI by police...they gaffed the breathalyzer........I didn't drink the "affected" drink that week...
So again....The prosecutor would investigate the police or would he lose the evidence?
Customer: replied 10 months ago.
Just trying to figure out how to get enough information to the correct Investigator...and actually be able to retrieve the evidence to begin with....
Customer: replied 10 months ago.
Wifes "friend" is a bouncer...he doesn't like the way I treat her.....he had some of his "group" try to take me out....
all the bartenders, bouncers and night cops helped.
Expert:  CrimDefense replied 10 months ago.

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?

Customer: replied 10 months ago.
pretty much....I had rohypnol in a drink the previous week and could barely stand up after 4 drinks....
These perp(s) also put it in my drink that I DID NOT finish or drink the night of the OUI.
I need to track the phone records to prove it. Cop side backwards or from the person that has the most motive.
The bouncer that my wife talks to.....understand now? the cop tampered with the breathalyzer....the medical clearance said I had no signs of intoxication. that is because i did not finish THAT drink.......but blew a .28 at jail.
Expert:  CrimDefense replied 10 months ago.
Thank you. If that is the case then your attorney is going to want to obtain a court order, from the judge, requiring the cell phone provider to turn it over. If the defense was that the intoxication was involuntarily as a result of it being slipped in your drink and there is reason to believe his cell phone records would reveal this then the judge will order
Expert:  CrimDefense replied 10 months ago.

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!