Originally posted on BeauxHodges.com
I recently saw an issue raised in court regarding the Harris County Sheriff's Office being unresponsive to a subpoena. I don't know the outcome, but the judge mentioned possibly going to trial without the requested records, inspiring this blog post. I hope it helps.
Over the years, I've drafted, filed, and served thousands of subpoenas in Harris County (Texas) for the attorneys I work with, so I'm intimately familiar with the process, problems, and some solutions that may help you get what you need.
The Process - How to Subpoena Records From HCSO
First, it's important to point out that, like other large agencies, the Harris County Sheriff's Office (HCSO) has different departments for processing communications subpoenas versus legal subpoenas.
The communications department is responsible for things like 911 calls, dispatch tapes, AVL (GPS for patrol vehicles), and MDT. The legal department is responsible for just about everything else--jail records, body-worn camera and dashcam footage, employee files, incident reports, etc.
As of this writing, HCSO currently has a web portal for serving your subpoenas and receiving records once they're compiled. And when you go to submit your subpoena(s), you'll need to submit it to the appropriate department. I highly recommend serving them yourself (or having your private investigator do it), but we'll get to that a little later.
That said, I also recommend filing separate subpoenas for communications and legal. Although you could combine everything into one subpoena and serve it to both departments, my philosophy is to avoid creating problems that can delay receipt of the records.
In order to submit/serve your subpoenas (and receive records), you'll need to set up an account. It's simple and free. Using the link above, click on the My Records Center button, then View My Requests, and then Create Account. Fill out the form, confirm your email, and you're good.
Once you have an account, click on Request a Record from the menu on the left, then Other Types of Records, and then Subpoena Requests.
Note, there is a Medical Records Request button, but that is for individuals requesting their own medical records. If you are requesting medical records via subpoena, it goes to legal.
After clicking on Subpoena Requests, choose Communications or Legal, complete the form, and attach your subpoena. Be sure to note the reference number so you can easily locate your records later once they're ready.
You'll receive an email confirming receipt of the subpoena which can be used for the return.
Then you wait.
Once your records are compiled and ready for download, you'll receive an email letting you know. However, I recommend putting a note on your calendar to check the status about a month out (yeah, it can take a while) just in case you don't get a notification.
When you want to check the status or download records, login and click on My Records Center then View My Requests. You'll need the reference number to locate the relevant records (it will be in email notification if you received one). And voila!
Problems and Possible Solutions
There are several things you can do to help make the process run more smoothly.
First, file and serve your subpoenas as quickly as you can to avoid losing out on something due to retention. For many records, that can be as short as 90 days. Despite 39.14 and the requirements from the Heath case, the prosecutor is not likely going to have everything you need or want and law enforcement agencies are not going to turn over every record they have--especially if it's not something they regularly provide or if it's something that's only vaguely connected. So do not rely on getting everything through discovery. By the time you ask the State to follow up for something specific, it may be too late.
Next, as I mentioned above, have your private investigator serve the subpoena (if they have experience doing it) or serve it yourself. Since HCSO uses the web portal for service and receiving records, you want to eliminate any potential issues from court service. This has more to do with avoiding retention issues than anything else. Again, it may be too late by the time you realize there's an issue.
On a side note, and in my opinion, beating retention periods is one of the best things you can do to help your client. I've worked on so many cases that hinged on a single record we obtained that would've otherwise been lost due to retention and changed the entire outcome.
My last recommendation is for times when HCSO does not provide some of the records you've requested and/or did not appear when you addressed a subpoena to "Custodian of Records" rather than a specific person. This is the issue I saw in court.
In this situation, if you haven't already, call HCSO's information line at 346-286-1600 and ask to speak to someone in legal who handles subpoenas. Ask about the status and issues with your previous subpoena, but be sure to get the full name of the person you talk to.
If you don't feel your issue will be resolved, check the State's file for a HCSO BRA for any records they already have. If they have one, choose whether you want to use the name of the person you spoke to over the phone or the person named on the BRA. Next, file a new subpoena duces tecum, to appear, addressed to the person you chose, and have it served, in person, by your private investigator. The office is located on the west end of the building at 1200 Baker Street (not the jail visitation entrance).
Once personally served, now the court can enforce the appearance and address the issue of being nonresponsive. And, hopefully, you won't have to go to trial without the records you need.
If you need help with subpoenas, give Hodges Investigative Group a call at 281-755-8990 or drop us a line at info@hodgesinvestigations.com.
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