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?
1 Answer from Attorneys
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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