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Re: Subpoenas - answered

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  • RickyG
    ... But that is just my point, Sue. I can t find anything that gives a Private Investigator a presumption of confidentiality. I can find quite a bit of very
    Message 1 of 41 , Jan 27, 2010
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      --- In infoguys-list@yahoogroups.com, suesarkis@... wrote:
      >
      > Rick -
      >
      > Yes, I can. Actually, I can cite statute beyond a presumption - CA law
      > clearly says -
      >
      > BPC ยง7539. (a) Any licensee or officer, director, partner, or manager of
      > a licensee may divulge to any law enforcement officer or district attorney,
      > or his or her representative, any information he or she may acquire as to
      > any criminal offense, but he or she shall not divulge to any other person,
      > except as he or she may be required by law so to do, any information
      > acquired by him or her except at the direction of the employer or client for whom
      > the information was obtained.

      But that is just my point, Sue. I can't find anything that gives a Private Investigator a presumption of confidentiality. I can find quite a bit of very specific statutes, codes, doctrines, and privileges that allow a Private Investigator to keep his or her records confidential, but these statutes, codes, doctrines, and privileges are very specific exemptions to or for very specific situations.

      For example, read that code again and consider this; if you are working a criminal defense case, just exactly who do you think will be trying to get your files, records, documents, notes, and/or any evidence you might have, such as witness statements? Here is the answer to who will be trying to get your records: law enforcement officers or district attorneys, or his or her representatives!

      It seems to me that the code you cited may actually limit your ability to protect your records from the Prosecution if you are working a criminal defense case. Although the word "may" in that code MAY be what saves you from that limitation.......

      I guess what I am trying to say here is that I don't think we have a presumption of confidentiality. And I think that we better not ever believe that we can rely on a presumption of confidentiality, rather than knowing what specific statutes, codes, doctrines, and/or privileges we need to be citing specific to the situation we find ourself in with regards to someone trying to "get at our goodies"....

      Of course though in reality, or at least in my reality; rarely do I find myself "fighting" anyone in court, or even addressing a Judge, a Prosecutor, or even a Law Enforcement Officer on these issues for that matter; although it has happened a time or two. The more realistic scenario is that I find myself "advising" the attorney. And the way that is actually done is something like this; in my best "stammering, stuttering, bumbling, of average intelligence but not very articulate voice":

      "Mr Attorney, I know that I don't have to remind you of this, and that you are the attorney that went to law school and I am the Private Investigator that used to work a blue collar construction job as a laborer but it would just make me feel a lot better if I just say this. I think we should keep an eye towards protecting what we can from discovery under the work product doctrine, confidential communications, and any other doctrine or privilege that we can come up with".

      And this statement is made like this to new attorneys so I don't "step on anyone's toes", or "hurt anyone's ego". The attorneys that I have known and worked with for years now, know by now that I am just a little smarter than that "stammering, stuttering, bumbling, of average intelligence but not very articulate voice" implies. But not much.... LOL.

      I believe that the work product doctrine is just a wonderful thing! I have studied it, have had long discussions with attorneys about it, and have advised an attorney to use it and he successfully did so. I have also assisted an attorney in successfully overcoming it when opposing counsel tried to use it to protect a video tape that their Private Investigator made. And it is the very first thing that I bring up to an attorney when we initially meet about a criminal defense case; so from the outset we are trying to bring as much of what I do under the protections of the work product doctrine, or confidential communications privilege,

      Overall, I don't think that I will ever have to worry about this. Because the attorneys that I do work for are actually pretty sharp, have a wonderful work ethic, and will do everything they can legally do to cover my ass, because most of them are not just clients but also personal friends. I think....... LOL.


      Rick.


      Risk Management Research & Investments, Inc. & Thoth Data Systems
      Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
      Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
      Direct Office Number: (573) 234-6876
      Office Phone: (573) 234-4647 Ext. 110
      Car Phone: (573) 529-0808
      Cell Phone: (573) 529-4476
      Toll Free Phone: (888) 571-0958
      Toll Free Fax: (877) 795-9800
      EMERGENCY LINE: (573) 234-4871

      RMRI, Inc. Websites
      (1) http://www.rmriinc.com
      (2) http://rmriinc.bestcyberinvestigator.com

      RMRI, Inc. Blogs
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    • RickyG
      ... I think our statutes were changed in 2007 to mimic what you just described here. But this is not what I was pointing out.. What I was pointing out was that
      Message 41 of 41 , Jan 28, 2010
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        --- In infoguys-list@yahoogroups.com, suesarkis@... wrote:
        >
        > Rick -
        >
        > I'm inserting redacted areas of the 3 main sections involving forfeitures.
        > As you can see, the surety gets noticed and a copy goes to the agent. If
        > after 180 days, or thereabouts, the forfeiture still stands, summary
        > judgment is automatically brought against the surety and the agent. However, as
        > you can see in Sec. 1308 the Surety is cut off statewide. That means that
        > each and every agent that writes for that surety is cut off and cannot
        > make a living.


        I think our statutes were changed in 2007 to mimic what you just described here.

        But this is not what I was pointing out..

        What I was pointing out was that here in Missouri, the Bail Agent that is writing under the Insurance Company submits the Insurance Company's financial to the clerk of court where they want to write bonds in order to get approved to write bail in that county.

        Also, I did not mention this earlier. I am not boasting or anything, and don't want to appear to be.. But the Clerk told me that I was the first person to ever get these financials on a Bail Bondsman, and she had turned down multiple requests for them before. But because I challenged her under our Open Documents Laws and asked her to make a determination as to whether or not this information would be classified as a matter of public record, she had to give me the information I was requesting once she checked on the issues I asked her to check on. The Clerk was a very nice lady, and she was doing her job flawlessly (in my opinion), because if you ask for these records, and you can't quote the reasons that you should be entitled to them, then the Clerk won't feel obligated to give them to you.

        Anyway, getting these records today was a pretty big deal for me... It made my job a lot easier, and got me over one major hurdle in what is about to become a bad situation for someone here in Missouri very shortly....


        Rick.


        Risk Management Research & Investments, Inc. & Thoth Data Systems
        Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
        Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
        Direct Office Number: (573) 234-6876
        Office Phone: (573) 234-4647 Ext. 110
        Car Phone: (573) 529-0808
        Cell Phone: (573) 529-4476
        Toll Free Phone: (888) 571-0958
        Toll Free Fax: (877) 795-9800
        EMERGENCY LINE: (573) 234-4871

        RMRI, Inc. Websites
        (1) http://www.rmriinc.com
        (2) http://rmriinc.bestcyberinvestigator.com

        RMRI, Inc. Blogs
        (1) http://rmriinc.blogspot.com/index.html
        (2) http://rmriincspace.spaces.live.com/
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