Legal Question in Criminal Law in California

I have fraud on my credit card and I am not 100% sure who did it but i have an idea, a restaurant that was used on my card has a video of the person that used my account, the manager of the store is saying that I need a subpoena to review the video. I want to know how I would go about getting a subpoena even though I dont know who did the fraud?

Asked on 8/19/09, 10:41 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Well, if you file a criminal report for theft and an investigation is opened, the DA could subpoena the restaurant and view the video as part of the investigation.

Or, and this is purely speculation, but if there are some facts supporting the idea that maybe the restaurant was negligent in allowing your credit card to be used, perhaps you could file a civil lawsuit against them. You would be entitled to discovery and in subpoenaing the video then.

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Answered on 8/20/09, 1:12 am

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