Legal Question in Criminal Law in California

Re: subpoena medical records

The DA has every right to subpoena your medical records. Why would you object to this? It will help the DA put the defendant in jail. Aren't you the one who called the police?

Re: subpoena medical records

Yes. The medical records will be subpoena'd and used to prosecute the defendant.

Re: subpoena medical records

Perhaps the other two attorneys have misunderstood the purpose of your inquiry. I infer that you do not WANT the defendant prosecuted. So here is your answer: they can subpoena the records, but you have the option of hiring a private attorney to move to cancel the subpoena on the grounds of your medical privacy, especially if the records include a lot of material that does not pertain to the criminal case.

You can also notify the medical care provider who has those records that you object to their production, but that will not excuse them from obeying the subpoena. Only a court order canceling ("quashing") the subpoena or modifying (limiting) it will excuse them.