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911 caller info released

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sadieladee1

Junior Member
A lawyer relased our information to his defendant that we called 911 on that resulted in his arrested for DWI. The defendant has since made contact with us informing us his lawyer told him our names and has made threats against us. Is it legal for a lawyer to release 911 caller information to his defendant?
 


Zigner

Senior Member, Non-Attorney
A lawyer relased our information to his defendant that we called 911 on that resulted in his arrested for DWI. The defendant has since made contact with us informing us his lawyer told him our names and has made threats against us. Is it legal for a lawyer to release 911 caller information to his defendant?
US Law Only!
 

antrc170

Member
911 calls are not protected telephone calls and are recorded. The lawyer may have violated ethics rules for releasing the information but I doubt it. The defendant has a right to know the origin of the call to establish a defense for the case. If for example you knew the person, he could attempt a defense that you made the call maliciously, etc.

The defendant however, can face additional charges for threats and harasssment.
 

quincy

Senior Member
Actually, antrc, the answer to Zigner's implied question can be an important one, because in some states (Hawaii, for example) 911 calls are protected and caller identifications are confidential (absent permission from the caller to release the tape and information, or absent a court order).

Although it appears likely that sadie is not in a state that prohibits the release of 911 calls or limits the information that is released (seeing as how the attorney obtained a copy), it would be wise to know the answer to Zig's implied question first, before making any definitive statements.
 
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sadieladee1

Junior Member
Thanks for the quick responses. I live in New Mexico. I am going to research to find out if my state promotes caller confidentiality or not. Thanks again!
 

latigo

Senior Member
A lawyer relased our information to his defendant that we called 911 on that resulted in his arrested for DWI. The defendant has since made contact with us informing us his lawyer told him our names and has made threats against us. Is it legal for a lawyer to release 911 caller information to his defendant?
It seems to me that this matter of confidentiality, questionable as it is, is small potatoes compared to the criminal conduct of the defendant in making those threatening calls!

Whoever made that 911 report is a “likely” witness in the criminal prosecution.

So, are you aware that in making those calls the attorney’s client committed a third degree felony punishable by imprisonment? *

I would have you lodge a formal complaint with the police and the prosecutor’ office reporting those threatening calls. And discuss with the prosecutor the likelihood of naming the attorney as an accomplice.

____________________


[*] New Mexico Statutes Annotated 30-24-3. Bribery or intimidation of a witness; retaliation against a witness.

A. Bribery or intimidation of a witness consists of any person knowingly:

* * * *

(2) intimidating or threatening any witness or person likely to become a witness in any judicial, administrative, legislative or other official cause or proceeding for the purpose of preventing such individual from testifying to any fact, to abstain from testifying or to testify falsely; or

C. Whoever commits bribery or intimidation of a witness is guilty of a third degree felony.

D. Whoever commits retaliation against a witness is guilty of a second degree felony.
 

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