Legal Question in Criminal Law in New York

Can a subpoena be considered a form of harassment or stalking behavior

I was served with a subpoena to

provide evidence in a criminal trial

which was already turned over to the

DA. It was issued by the defendant's

attorney, addressed to the wrong

name and to the defendant's address

and asking for videos produced by a

surveillance system located at the

defendant's address (technical error).

We are the victims in the case.

Shouldn't the subpoenas be issued

through the DA's office?


Asked on 4/24/08, 2:30 pm

1 Answer from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Can a subpoena be considered a form of harassment or stalking behavior

Supboenas can be issued either by the DA's Office or by the Defendant's attorney. A subpoena should be observed if it is in proper form, and accompained by an appearance fee which is calculated from the distance where you live and the court.

If this is an inconvenience, or if you have some exposure you should consult your lawyer.

In the prosecution, you are represented by the DA's office. Contact the DA immediately and explaint the situation to him/her

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Answered on 4/24/08, 2:42 pm


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