Legal Question in Criminal Law in Colorado

How often do the courts subpoena phone records for a case of DV (mistamenor and minor case) where the victim does not want to press charges? What does this mean? what and how will they look at these records? Will they subpoena ISP or any other information? Is it possible they do not subpoena phone records? In short a protection oder has been in place until the hearing... will they really waste the time/man power to subpoena all this info typically? thanks


Asked on 10/28/11, 9:52 am

1 Answer from Attorneys

Damon Cassens Waters, Kubik, and Cassens

The courts never subpoenas the records. I assume you mean the DA.

If it happened, it generally means the DA is taking a misdemeanor case very seriously. If they have not already done so, they can. If they haven't, I can't answer the question of whether or not they will; only the individual DA can tell you how much effort they are willing to put into a case. It sort of depends on a combination of how ambitious and inspired the DA gets.

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Answered on 10/28/11, 10:40 am


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