Q: Received restraining order while in custody on unrelated case , the plaintiff accused I the defendant of threats.
Bodily injury to harm or k==on inmate phone call ask my attorney to preciding case to subpoena facility inmate call record direct evidence to the defendant there were no threats to harm plaintiff the aggressor which attorney and I played call in question he is not attorney to restraining order I've ask attorney for the disk inmate phone log due to the fact record of all inmate calls which also would pose as evidence to the pending case attorney refused now I'm the one request facility phone records he is not attorney for restraining order I believe I'm entitled to the call record please advise
A:
Under California law, parties to a legal proceeding have the right to access evidence that is relevant and material to their case. If you believe that the inmate phone call records would exonerate you from the allegations made in the restraining order, then these records can be considered crucial to your defense.
To obtain these records, a subpoena can be issued to the facility holding the records. While your attorney from the unrelated case may have access to the call for purposes of that case, he or she might not be obligated to provide you with the record for a different matter. However, you can always retain a new attorney for the restraining order case who can assist you in securing these records.
If an attorney refuses to provide evidence that can be pivotal in your defense, and that evidence is within their possession, it could be a matter of professional responsibility. The California State Bar has ethical rules that guide attorneys in the representation of their clients.
You have the right to change attorneys if you believe your current representation is not in your best interests. It's essential to have an attorney who can advocate effectively on your behalf, especially when significant evidence can impact the outcome of the case.
In conclusion, if you believe that the inmate phone call record is crucial for your defense in the restraining order case, I'd recommend consulting with or retaining a different attorney who can assist you in obtaining and presenting this evidence. Remember, it's your right to defend yourself effectively, and accessing relevant evidence is a vital part of that defense.
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