My question involves criminal law for the state of: Oregon
I apologize for the length of this post. To summarize what's below, I'm asking about how to subpoena my girlfriends records of treatment from her rehabilitation center. The public defender isn't being effective at getting them, and they tell my girlfriend they won't just send them. Details below. Feel free to comment on any aspect of the post to help me learn more about process and law. Any help is much appreciated.
Now the details: my girlfriend was convicted on theft charges in "county A" a while back. She is currently on probation and had been active in her treatment program. She's been meeting her obligations. Recently, "county B" filed charges on alleged thefts that occurred in the same time frame. The county B DA on the new case is rigidly pushing for the maximum penalty which includes 30 months in jail.
The public defender assigned to my girlfriend's case is not doing a good job. She places the responsibility of gaining records from her treatment program (county A) on her. When my girlfriend requests records from the treatment facility, they tell her she needs to go through her PO. Her PO is not interested in helping, and says she won't do anything because it's not in her jurisdiction - the case is in another county. So she's blocked by these deferrals.
The DA stated to the public defender that she feels they are unwilling to help because they consider my girlfriend a problem, or that there is some issue with her adhering to her treatment. So the DA is pushing for the maximum penalty. This is in contrast to the sentencing in county A which gave her probation and focused on rehabilitation - she had a very good public defender on that case. It's also important to note she is the mother of a young child which would not be in the child's best interest to have her put in jail.
It bothers me that the public defender has not taken any action to acquire these documents which may prove to the DA that she's been active in her program and meeting her obligations. She keeps asking my girlfriend to have friends, family, etc write her letters attesting to her good character. She even asked if my girlfriend could give her screen shots of text messages from her PO. This all doesn't seem to me to be very effective in influencing the DA's stern resolve. The defender offers no solution to the problem of getting documents from the treatment facility. Does it seem reasonable for me to expect her to have had a subpoena duces tecum issued to the record keeper at the treatment facility?
I don't feel we can count on this defender. So I'm trying to figure out how we can get one issued ourselves. I've been reading some online on how to do this. Please check my understanding.
* I have to contact the treatment facility and ask who is in charge of patient/client/participant records. I need to get the name correct. I'm hoping they will just give it to me without any hassle.
* I need to submit a request form for the subpoena duces tecum to the court in county B. This is a few hours drive - not sure if this is something that can be faxed, or if I can do this through county A for the case in county B (??)
* If the subpoena request is accepted and the subpoena issued. Then do I have it in hand and have to take care of delivering it? I guess I could look up a process server service and do it that way (?)
* Do the records get sent to the court? And how do we get access to them and can we get copies?
Sorry, I'm new to all this. Any feedback is much appreciated. Sorry for the long post.