Q: What happens if a victim in a case does not provide something that the prosecutor asked for?
If a victim was asked to turn over phone records to the prosecutor when asked and did not , is that the victim’s right or must the victim comply with what the state asked?
A: Victims have specific and individual rights conveyed by statute additionally, and as a general matter, no one can be forced to voluntarily give evidence to the State whether that is testimony or physical evidence. If the State wants to obtain items of evidence of a physical nature they have access to the subpoena power to seek its production. Concerning phone records a subpoena can be sought or law enforcement can use a search warrant to attempt to secure evidence but no one is forced to consent to a mere request from the State.
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