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


Asked on 4/29/09, 3:37 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

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.

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Answered on 4/29/09, 3:49 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 4/29/09, 3:54 pm
Terry A. Nelson Nelson & Lawless

Re: Lawyer

No.

You want a subpeona, and you get that only after filing a lawsuit.

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Answered on 4/29/09, 6:28 pm


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