Legal Question in Criminal Law in Pennsylvania

Criminal case

Evidence in a criminal case was not subpoenaed during the trial which could have cleared the accused. Who can obtain a subpoena for the business to hand over video that is needed for an appeal? Does a business have to be subpoenaed to give anyone access to the video? Or can they give it to a person just because they think it will help???


Asked on 9/25/08, 1:57 pm

1 Answer from Attorneys
Leslie Ditlow, Esquire Leslie F. Ditlow, Esquire

Re: Criminal case

The best thing to have happen would be the representative of the company give the evidence to defense counsel if they know who it is. That person should also make a copy of the tape before handing it to anyone. The issue for the convicted person would be why that person didn't turn it over to someone earlier (during the trial) assuming that person knew about the trial and then the convicted person would have to argue to have that tape admitted into evidence at a retrial. The person from the company should also give a copy to the District Attorney's.

Let me know if I can be of any assistance.

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Answered on 9/26/08, 2:23 pm


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