If it is crucial to your defense, can your attorney subpoena the telephone records of your accuser?

Seattle, WA Viewed 26 times. Posted 17 days ago in Criminal Defense

I have been accused of felony harassent dv. I hired an attorney reccommended by a friend, who used him years ago. But in my case I know he has been communicating regularly with my accuser by phone and letter, so I want to discharge him, but if I get a new lawyer, can she or he subpoena my accuser's phone bills to prove what I say is true?

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Answers (2)

Joshua Gramling Stein

This attorney is licensed in California. Posted 17 days ago.

Your attorney can subpoena witnesses to hearings or a trial and he can compel them to bring documents. If you hire a new attorney, he can subpoena the toll records of your accuser. Whether it makes sense to do so and particular restrictions that might apply depends on a lot of specific facts and the nuances of Washington State law. You should consult a criminal defense attorney in the Seattle area. Best of luck to you.

DISCLAIMER: This post is not intended to provide legal services or legal advice and it does not create an attorney-client relationship.

Howard Woodley Bailey

This attorney is licensed in New Jersey. Posted 17 days ago.

I agree with my colleague's assessments, you can generally replace your lawyer when you want to, subject to certain restrictions such as trying to do it at a time when the Court believes it is being done for purposes of delay of trial, etc. If you do not believe this can be discussed with your current counsel, consult with another WA licensed lawyer before you do anything else. Be prepared to provide all materials you have to suppoort your defense to the harrassment charge, and the issue about what you consider to be the inappropriate contact of your lawyer with the accuser. The new lawyer can advise you on the process to substitute counsel, and on the viability of the issues you raise in your posting. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.