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Wait, seriously? They can outright lie, not like “our investigation leads us to believe that you X and are charged with Y” like an arraignment?
Yep. https://law.stackexchange.com/questions/101944/to-what-extent-can-us-police-lie-to-a-suspect
I mean... these examples I'm seeing are ... while real, and extremely troubling...
These are all relating to cops.
Lawyers are not cops.
They do not play by the same legal rules, so to speak, and uh... this isn't a case where the complainant or defendant... is a cop.
So ... I mean, I am not a lawyer, but I don't think this ... works in the way you seem to think it does?
Like uh, police can do a bunch of shady shit, they can lie to you, they can bullshit their way into searching you or deciding some extreme circumstance allows them to do some bullshit...
But a subpoena is a not a thing cops do. They do not issue or execute subpoenas.
They execute warrants.
Warrants are not subpoenas.
Eh, sort of. In an investigation, the cops (usually a detective/investigator since this doesn't involve street-level stuff) are using something called a grand jury subpoena. It's not the same thing as a subpoena issued by a court (which, by the way, are often executed by cops... usually something like a constable or marshal's office that works directly with the court). The cop types up the subpoena, which is usually incredibly basic and just says who the subpoena is for, what they want, and what the charge is or may be, and then brings it to the district attorney. The district attorney signs off on it, and afterwards the cop sends it off to the company (and it's 99.999% of the time a company, because the legalities about your dealings with a business make it much easier to obtain the information than other things in your life, meaning it 'bypasses' the legal rulings about searches). No judge involvement is necessary for these types of subpoenas.
Working from my memory, I can also sort of recall that the 'date' listed on those subpoenas isn't really tied to a specific court date either. The stock forms I remember the cops using just said that they gave the company a time limit of 'X.' I'd have to see the specific paperwork that was filed in order to say whether the prosecution truly overstepped themselves into illegal/unethical behavior.
There were no cops that issued or used a grand jury subpoena in this specific instance.
Luigi's Defense Counsel is asserting that the Prosecution Counsel issued a fradulent subpoena by way of sending Aetna a letter.
Yes, technically an officer of the court executes a subpoena directly issued by the judge in the course of ... dealing with some kind of misconduct pertaining to the actual proceeding of a case, thats true, that category exists and happens...
But I was responding to a specific comment that specifically cited a stack overflow link, which included many examples of... not that category.
Though the Prosecution acts as an officer of the court, the Prosecution are asserted by Defense to have simply made up that Judge/Clerk signed off on a subpoena to Aetna... and then the Prosecution, again, not being an officer of the court, fraudulently 'executed' that subpoena.
By my reading of New York criminal law, yes, a District Attorney may issue, as an officer of the court, a subpoena pertaining to an ongoing case... but they must also follow all the procedural rules as described in greater detail by New York civil law...
And in New York civil law, it is clearly explained that the Prosecution would have had to actually file that subpoena with the judge/clerk.
They did not do this, because if they had, the court date cited in the Prosecution's subpoena to Aetna... would have actually existed in the court's records.
It does not.