Legal Question in Criminal Law in California

Good Evening,

My Boyfriend is currently in jail pending pre trial on an alleged robbery case. We have requested a copy of the preliminary transcripts from the private attorney and he has advised he cannot make copies of the transcript as it is court property. Is this true? Isn't the attorney obligated to turn over all documents from his case? He then says we can pay for an additional copy from the court reporter? Why would we need to pay for a copy when he could copy the one he has?

Please Advise


Asked on 5/24/11, 6:49 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

The attorney has an ethical obligation to his client - your boyfriend, not you or anyone in the family. There may be a good reason why he does not want to release it - either for tactical reasons so as to not jeopardize the case or to put him at risk of the information falling into the wrong hands.

I'm not taking the attorney's side - just pointing out that there are issues beyond you just wanting it.

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Answered on 5/25/11, 3:01 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Dane, to some extent. Although you may not have a right to see the document, your boyfriend has the right to see the transcript, which should be provided to him by his attorney upon his request.

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Answered on 6/13/11, 10:06 am


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