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Can a judge or lawyer subpoena a voice recording or

Can a judge or...

Can a judge or lawyer subpoena a voice recording or transcript of phone conversations to obtain evidence?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

TX

Lawyer's Assistant: Has anything been filed or reported?

My son's lawyer has subpoeaned T-Mobile

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How long are wireless carriers required to archive phone conversations and content of texts?

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Answered in 2 minutes by:
12/9/2017
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 29,148
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post and am working on an answer for you now.

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A judge will sign a subpoena for a lawyer to obtain a voice recording if the evidence is relevant to and necessary for the case. Wireless carriers are not required to save text messages, and the only one who saves them at all is Verizon and then only for a few days. The others will only keep a log of the texts and calls rather than the dialogues themselves. T-mobile will keep the call records for 2 years.

T-Mobile says the following on their website when explaining their privacy policy:

"Our systems capture details about the type and location of wireless device(s) you use, when the device is turned on, calls and text messages you send and receive (but we do not retain the content of those calls or messages after delivery), and other data services you use."

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Customer reply replied 2 months ago
my son's lawyer must get the judge to sign his subpoena and how long would it typically take to get 3 to 4 voice recordings of T-MOBILE cell phone conversations made on 3/25 & 3/27/2017 between my son and his girlfriend?

The judge can sign the subpoena right away. From there it would have to be served and it would be up to T-mobile to turn it over by the time specified. HOWEVER, as I've said and as, T-mobile states on the link I gave you above, T-mobile does not keep calls and they do not keep text messages. The only thing he will be able to get from T-mobile is the call log showing that that a call between your son and girlfriend was made at a specific time on a specific date and the amount of minutes that the call lasted.

There will be no recording.

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Customer reply replied 2 months ago
I have already given lawyer call log info as my son is on my T-MOBILE account.

That's fine. But that's all that there should be available to get from T-mobile, and at least he will have the official record from the carrier, which he will likely need if he wants to use it at trial. He can ask for the calls themselves on the offhand chance that they have changed their policy, but they publish that they don't keep them and there's no reason to believe otherwise.

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Customer reply replied 2 months ago
Voice recordings are required to prove my son is not guilty. In your 1st reply you said if judge signs subpoena T-MOBILE could provide voice recordings if necessary for evidence?

No. WHat I said was that a judge could sign a subpoena if evidence required is necessary and relevant for the litigant's case. I did not say that the recipient of the subpoena would have what was requested. Sometimes they don't. In this case, they won't.

In other words by signing the subpoena, the judge is giving you permission to obtain the records if the records exist.

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I'm sorry that you rated me as a poor expert because your son's phone carrier doesn't save evidence. The fault isn't mine. It's T-mobile's.

Your son doesn't have to prove himself not guilty. He has no burden of proof in a criminal case. It's the state that must prove him guilty, and they must do so beyond a reasonable doubt. I'm sorry that there won't be recordings. But to hold me accountable for that is quite unfair.

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Customer reply replied 2 months ago
Sorry I suppose I misunderstood your 1st reply.

My fault too. I actually thought there were two diifferent questions:

1) Can a lawyer subpoena phone records? [yes. A lawyer can get a judge to sign a subpoena for anything that's relevant and necessary for his case]

2) How long does T-mobile keep phone data? [they only keep logs]

Since a negative rating reflects on my standing on the site, please consider re-rating me at this time. A rating of 3-stars or better will get me credit for my work and I do strive for 5-star service.

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Customer reply replied 2 months ago
You have helped more than my son's lawyer, so I will up your rating. Answer one last question... My son is in jail so he requested and authorized his lawyer to discuss his case with me. I have emailed, left messages and texts, but lawyer refuses to communicate with me. Any suggestions to get him to communicate with me?

Is the lawyer a private attorney or a public defender? If a public defender who works for a defender organization, he will have a supervisor. Call the supervisor and complain about the attorney. If your son wants to give up his attorney/client privilege even though advised against it, the lawyer should talk to you.

If he's a private attorney, you'd have to lodge a complaint against him with the bar.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 29,148
Experience: Active member of the NYS bar since 1989
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Customer reply replied 2 months ago
Ok thanks.

Thank you and good luck to your son.

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