D.A. has a hot check with an illegible signature. The bank refuses to release any information about the defendant. Can the D.A. simply subpoena these records or is there another process for acquiring this information?

*My side commentary of the day--why do banks, retail stores, etc...seem to put up roadblocks when trying to obtain information relevant to the prosecution of thefts? It's one thing to protect the privacy of customers, it's another thing when the customer is stealing from you.

A grand jury subpoena for bank account records should solve your problems. We serve these on a routine basis on unindicted hot check cases. Might check with Dennis Cox @ Denton Co. (he's the GURU of hot checks)

Markus, you raise a good issue. My examples: (1)Forged check is passed at grocery store and crook uses loyalty card to get discount on the purchase. Grocery store declines to identify to whom the loyalty card was issued. (2) Customer tenders forged check in payment of account with electric company. Company confirms that the number on the check is one of its accounts, but declines to reveal whose account it is. My response on each occasion to the investigating officer was that either the victims could cooperate or he could report to them that the investigation was being closed (without identifying a suspect). I just fail to see having to utilize the subpoena process in this type of situation. Anyone think that some law or valid policy supports the position of the victims?

Hungry lawyers will jump at the deep pockets of a bank or large chain hoping that they will settle to avoid having to try a case. They always settle and Plaintiff's lawyer walks away with money.Why not give them the protection of a Subpoena?

In my examples the "private" information likely belongs to the bad guys. Do hungry lawyers generally represent forgers in civil suits? In any event, surely the law permits disclosures of the nature described without liability. So what if you learn the number of my electric account or who I buy my electricity from, how am I damaged? I would like to prevent or suppress forgery and theft as much as the next guy, but creating red tape without any need or justification makes me quickly think I have more important things to do.

We routinely send out Grand Jury Subpoenas for bank account information. It is a little more trouble than trying to "jawbone" the information from the bank, but we get the Business Records Affidavit filled out at the same time and potentially save ourselves the trouble of having to absolutely rely on a live witness later. The same reasoning applies to any other situation where you have records that might be described as business records.