Submit ZIP Code

Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Can a defense attorney subpoena my emails?

Would a defense lawyer be able to subpoena deleted emails from approximately 3 to 4 months ago to provide vindictive evidence from a false rape accusation that was made recently about a sexual encounter from 6 months ago. There is no DNA evidence only accusers word.


Click here to get answers from a local criminal defense attorney
    Eric Sterkenburg | Law Office of Eric Sterkenburg
    16478 Beach Boulevard, No. 329
    Westminster, CA 92683
    (562) 477-6940
    Both the Defendant and the Prosecution have the right to subpoena any evidence that may be relevant to the case. This includes any information on a computer.
    Answer Applies to: California - Replied: 7/8/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    I would think that the lawyer could subpoena the e-mails, if there is a pending case in court, and said evidence may be probative of his innocence. The prosecutor may file an objection to the subpoena, but a good judge should grant the subpoena, provided the evidence is recoverable.
    Answer Applies to: Illinois - Replied: 7/8/2013
    Thomas E. Gates | Gates' Law, PLLC
    651 Strander Blvd., Suite 209
    Tukwila, WA 98188-2953
    (253) 332-7899
    The defense is permitted to subpoena your emails.
    Answer Applies to: Washington - Replied: 7/8/2013
    Darrell B. Reynolds | Darrell B. Reynolds, P.C.
    2385 Lawrenceville Highway, Suite D
    Decatur, GA 30033
    (404) 636-6616
    Your computer could be subpoenaed and deleted emails acquired.
    Answer Applies to: Georgia - Replied: 7/8/2013
    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    Yes. A defense attorney may issue such subpoenas. However, if the emails were not preserved, available from the Internet service provider or recoverable from a computer's hard drive, compliance with the subpoena may be impossible.
    Answer Applies to: New York - Replied: 7/8/2013
Click to View More Answers:
1
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.