Q: Received a restaining order while in custody unrelated matter ,accused of threats,harm,k-- another on inmate phone call
Well with the inmate phone calls recorded i ask the attorney to pending case to subpoena the facility inmate call records which he and i viewed the call,direct evidence to the in favor of defendant there were no threats to harm or k-- another Here it is he is not attorney for restraining order ive ask him for the facility call log disk which the attorney declined to provide ,know were do i stand as for the inmate call record i specifically requested right to a copy of disk call log which the attorney to pending case has in his possession.
A: Under California law, a defendant has the right to relevant evidence that may be exculpatory. If your attorney obtained evidence, such as the inmate phone call recordings, and those recordings are directly relevant to a defense in your case, you generally have the right to access that evidence. However, if the attorney obtained the recordings for a different case, and not for the restraining order matter, there could be complexities. You can request the recordings from the facility directly, or via a subpoena if necessary. It's advisable to secure representation specifically for the restraining order issue to ensure proper handling and obtain the needed evidence. Lastly, always communicate openly with your legal counsel and consider seeking a new attorney if you believe your current representation isn't adequately serving your interests.
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