“Before the prosecutor charged me, they were wiretapping me. Can they do that? I live in Buffalo near Kenmore.”                

 

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Although discovery normally occurs after criminal charges have been filed under New York’s CPL Article 240, a court in New York, under CPL Article 690, may authorize a search warrant or a wiretap where no charges are pending to allow the prosecution to investigate criminal conduct.

In fact, the prosecution may even obtain bodily samples from the accused prior to filing charges under certain circumstances. Although it is not disputed that a county court does have jurisdiction to issue such an order. A local court, however, would not have jurisdiction to issue such an order.

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In the case of a blood sample or fingernail scraping, the prosecution must show a clear indication that the intrusion will supply substantial probative evidence; and the method of obtaining the samples is safe, reliable, and involves no more physical discomfort than reasonably necessary.

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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 Criminal lawyer in buffalo ny or a criminal attorney in buffalo ny

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