Legal Question in Criminal Law in California
Lawyer
Is there a way just to get lawyer to give the phone company a court order or search warrant to get my call records ? But i will not him/her to represent me
3 Answers from Attorneys
Re: Lawyer
We're not just hired letterheads. An attorney that undertakes any action on your behalf assumes certain professional and ethical responsibility for your case.
You may be able to find someone willing to do this, but there are procedures, laws & court rules to follow.
Re: Lawyer
No. Search warrants are issued in criminal cases at the request of law enforcement. They are not available to private citizens.
To get a court order, you have to have an active case. That means you have to sue somebody or be sued. If you are represented in such a case by a lawyer, he or she will be able to obtain documents that are relevant to the case without a court order. If you are proceeding in pro per (without a lawyer), you can obtain such materials from other parties on your own but will need the court to issue a subpoena in order to get evidence from non-parties.
None of these procedures are available just to give you access to the records. Unless the records are relevant to an actual legal dispute between you and someone else, you will need to either make do without them or get them some other way.
Re: Lawyer
No.
You want a subpeona, and you get that only after filing a lawsuit.
Related Questions & Answers
-
Battery: want DA to drop case- BEFORE TRIAL I am the 'vicitim'- I filed the report... Asked 4/29/09, 12:57 am in United States California Criminal Law
-
Exspoungment process behind applying for, how long for elligibility etc. thankyou Asked 4/28/09, 11:38 pm in United States California Criminal Law
-
Felony attempted murder and felony aggravated assault hello, my cousin was at a... Asked 4/28/09, 10:31 pm in United States California Criminal Law