Can the under-sheriff conceal any part of the police report, and deny me access to information crucial to case

Question

I walked into the local police headquarters and asked for a copy of all of the pages in my file that make up the police report filed by arresting officers. I was given just a portion and I was told that I was not allowed to have the rest of the report. The part that I did get was helpful to me but incomplete. Is it true that I am not entitled to get the other portion. How could it be fair to my trial.

Answer 1

These procedures are governed by your state's rules of discovery. Discovery is the process that prosecution and defense go through to exchange evidence prior to trial. Some states have "open discovery" meaning that the prosecution is bound to turn over any and all documentation (paper or otherwise) pertaining to the case. Others have limited discovery, where the prosecution is only bound to turn over evidence which is deemed to have "exculpatory value" (i.e., tends to support the innocence of the defendant). I don't know what the rules are in your state or what the level of "trial" is you refer to. If there is a trial, police will have turned over records to a prosecutor and you can try him/her to see what they have.

Answer 2

Well first of all if it contains the name and address of a minor witness or victim they can hold that back and possibly the address of any victim for that matter.

But the scary part if they want to withhold something they just destroy it, how can you prove it was destroyed? Some cops are BAD people I know I have dealt with some of them, yes criminal cops.

However your lawyer is entitled to everything in the record (unless it was destroyed) by lay it is called discovery. If you can not afford one when you g for arraignment ask for a public defender (they will consider giving you one based on your financial particulars).

I suppose you could also ask that the judge order that discovery be released to you during your arraignment so you can properly prepare for trial or make an informed decision prior to entering a plea, but it is up to the judge to grant that request. Tell him you were denied complete discovery.

Answer 3

The government is required, consitutionally, to give you all evidence that may constitute "exculpatory" evidence and all evidence in their possession that might impeach their witnesses (sometimes lumped together and called "Brady" evidence). They are also required to provide a list of witnesses to be called (but too far in advance). State rules of criminal procedure may expand this requirement, but also then puts the burden on Defendants to provide disclosures, too.
Governments can, and do, often keep investigative materials confidential, to protect sources or agents' safety.

If this is a serious crime, you should have your counsel (retained or appointed) look into this, and perhaps make a motion in the court for the release of the "file" or provide a reason for its secrecy. If not, you still may want to retain counsel to help if you're challenging a charge.

Answer 4

Get legal representation. A public defender or lawyer. Should be able to subpeona the documents required. There prob telling you NO, because there a** holes. Seek legal advice quick.

Answer 5

Get a lawyer to help you.