It's a common misconception that people believe any document can be introduced as evidence, and there's no problem with it. All they have to do is put it in there, and the judge will let it in. However, the reality is that judges are not going to accept any documents without proper verification. They're not going just to let any witness testify. Suppose you want to get an official document into evidence. In that case, you're going to have to do it the right way, and you're going to be talking about it in this context — and I've been battling getting documents in and trying to keep them out for twenty-five years now, practicing criminal defense in Los Angeles. This meticulous process ensures the integrity of the legal system.
One of the most crucial aspects of the legal process is the establishment of a 'chain of custody.' This is not just a formality, but a key step in ensuring the reliability and legitimacy of a document. It essentially means tracing the origin of a document. Was it obtained from a reliable source? This is a key question that needs to be answered.
For example, did it start with a custodian of records getting the document and then either bringing it into court or mailing it to court and then the court receiving it in an official envelope, and then the two parties in the litigation — in a criminal case, the Los Angeles County prosecutor and the defense attorney — open it together, look at it, make sure of exactly what's in there and then a copy is made for both parties and then the prosecutor typically, and even the defense attorney sometimes will then put that document back into the court file.
Now, suppose you ever want to use that document in a preliminary hearing in Los Angeles or at a trial. In that case, you will be able to establish a chain of custody because you have one person stating, 'I obtained this document. ' Here's what's in it. I then mail it to the court.
Both parties will stipulate that it was received in court, and then you can put the document into evidence. But once that document goes away of the chain of custody, you have a problem because you're not able to show exactly where the document went and whether the document was tampered with in any way. In other words, to allow a document that is obviously unexaminable, we should ensure that it is a legitimate document that hasn't been tampered with. Nothing's been taken away from it; nothing's been added to it. So, establishing a chain of custody is crucial.
In many criminal cases, prosecutors and defense attorneys often agree to the 'chain of custody.' This means they both acknowledged receipt of the document. They don't necessarily need to track its every move or who handled it, as long as they both agree on its legitimacy. This mutual agreement streamlines the process and ensures the document's authenticity and legitimacy.
I've seen the document. I know it's a legitimate document, so I'll agree to the chain of custody. I'll stipulate to it, and then you can proceed with the document and address the issue. Sometimes it's beneficial for the defense; sometimes it's detrimental to the defense. Sometimes, it really doesn't matter. It's irrelevant.
Delivering an Official Subpoena
Therefore, if you wish to subpoena a document, you must deliver an official subpoena. It has to be related to the case. It must be ordered to appear in court. Most of the time, the subpoena in a Los Angeles case requires the person receiving it to place the documents in a sealed envelope and submit them to the court by a specific date. If this is done, they are not required to appear in court. But if they're not going to do that — if they're going to cause any problems about it — they need to come into court and explain to the judge and the attorneys why they're not. This process is a necessary step in obtaining a document for a criminal case.
The whole point of establishing a chain of custody in a criminal case related to subpoenaed documents is so you can use those documents later on in the proceedings without the other side objecting and saying, you know what, we're objecting to those documents. We don't know where those documents have been. We don't know if those are legitimate documents.
The opposing side has yet to establish that these documents are kept in the normal course of business and that the custodian of records actually received the particular documents and verified that they were legitimate, related documents to the subpoena.
So, if this gives you an idea of what is necessary to obtain a document in a criminal case in Los Angeles, you must do it the right way. The best way to do that is to go through a criminal defense attorney who has experience in this area, knows how to establish a chain of custody, understands how to submit documents, and is familiar with which documents are relevant and which are not. We haven't even talked about that yet. You can subpoena all the documents you want; however, if they're not relevant, the judge will not allow them in when the prosecutor objects. Our lawyers will ensure you understand the importance of relevance in document submission, empowering you with the knowledge of the criteria for document submission.
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