“can my attorney use a subpoena to acquire certain documents?”

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Criminal Lawyer Niagara Falls NY may serve a subpoena to secure testimony of a witness, or physical evidence when its existence is known, under CPLR 2306 and CPL 2307.  However, the material cannot be within the prosecution’s possession at the tie of trial. Material produced in response to a subpoena do not leave the court.

Under New York’s CPL 610.25(2), documents obtained by a subpoena deuces tecum may be made returnable before the date set for trial. The attorneys may inspect the evidence that has been subpoenaed into court.

A subpoena can be a very useful tool especially in light of the fact that, under CPL 240.20(2), the People are under no obligation to provide disclosure of information or evidence which is not in their possession.

Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

 Please be advised, this is not legal advice. For a free consultation, contact a Family Lawyer Niagara Falls ny, criminal lawyer buffalo ny, Criminal Lawyer Niagara Falls NY, or Criminal Attorney Niagara Falls NY.

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