How can a defendant obtain the police report ?

[Cherient]

What is the name of your state? Calif.

 

[Just Blue]

What is the name of your state?

Please post what your situation is and your question. Thanks...

 

[Cherient]

What is the name of your state? Calif.

Please post what your situation is and your question. Thanks...

how do I get a copy of my police report?

 

[Zigner]

how do I get a copy of my police report?

Go to the police station that covers the area and ask them.

 

[Just Blue]

how do I get a copy of my police report?

Did you go to the station and ask? Do you have an attorney?

 

[CdwJava]

how do I get a copy of my police report?

If you are a defendant in an ongoing criminal matter, the report should be available to your attorney via discovery. If it is a closed and inactive report, you can make a request to the law enforcement agency holding it citing the CPRA (California Public Records Act).

EDIT: It is almost a certainty that if you are a defendant in a criminal case that the law enforcement agency will NOT provide a copy. The DA might, however. But, the most common way to get a copy is from your defense attorney.

 

[Cherient]

Did you go to the station and ask? Do you have an attorney?

yes have been to the station twice and denied both times. no, the court date we had wasn't filed yet. we were told to come back on the 31st.

 

[Zigner]

yes have been to the station twice and denied both times. no, the court date we had wasn't filed yet. we were told to come back on the 31st.

Then go back on the 31st...

 

[CdwJava]

yes have been to the station twice and denied both times. no, the court date we had wasn't filed yet. we were told to come back on the 31st.

If you expect the police to provide you a copy, you may be waiting a long time. It is rare that the police will provide a copy of a police report to an involved party as long as the case is still open (I have rumors tell of agencies that do it, but have never worked for one). In fact, if it is open, there is a specific Government Code section that permits them to withhold it.

If you are charged, you can have your attorney at least show you the report even if he is not able to provide you with a copy of your own.

If you cannot afford an attorney, you can request one through the court. This is most often done at arraignment, but, depending on the county you are in, you might be able to apply before that.

 

[Taxing Matters]

I'll assume that you are a defendant in the criminal case for which the police report is relevant. Bear in mind that under California law it is the prosecutor (DA) that has the obligation to provide the defendant or his/her attorney with discovery materials, not the police. Moreover, California law does protect a lot of the information that the police have from disclosure to the public while the case is still under investigation or pending in the courts. The upshot of that is that the police may decline to give it to you. But the prosecutor will have to provide it to you. So it is the prosecutor you need to contact for this stuff. Note that while as a defendant you do want to see the police report, you should understand that the police report is not as important as a lot of the public seems to think. The police report is not admissible as evidence in the trial. It can give you and idea of what testimony you might expect from the cop who who prepared it and it might be useful for impeaching the testimony of that officer if he or she testifies differently than what he or she put in the report, however.

If you are not the defendant and are just someone interested in what the report says then you may find you won't get it at all.

 

[Cherient]

thank you

 

[quincy]

thank you

You should rely on your defense attorney to get the reports as needed. Good luck in court.