2007-02-27 20:33:22 · 9 answers · asked by pooldawg73 1 in Politics & Government ➔ Law Enforcement & Police
either you or your attorney are entitled during the discovery phase.
2007-02-27 20:40:49 · answer #1 · answered by Cherry_Blossom 5 · 0⤊ 0⤋
In both civil and criminal cases you have a thing called the discovery process. This is where you and/or your attorney ask the court to issue subpoenas to get information. Usually people or companies that receive subpoenas simply just give up the information without a hitch, sometimes they're a little unforthcoming with it and fight it. If it directly deals with the case you can request that the judge order them to give it to you, which they usually will if you can convince them.
If it is before your case, such as in the case of a criminal citation, you can usually get the information by requesting it from the department's records section. If they try to weasel out of it you can either try hitting them with a "Freedom of Information Act" letter (find instructions online) or go through the courts. Usually police departments pretty much give everything up without a problem as long as it isn't a violent crime and there is a victim involved. Even then they just usually give it to you and black out the victim's name.
2007-02-28 04:54:32 · answer #2 · answered by nightkingdoms3 2 · 0⤊ 0⤋
In Canada an accused person is entitled to all of the information that the crown and the police have about the incident, this is called full disclosure. (That would include, police notes, statement, photos, other reports etc.)
The defence lawyers don't have to disclose anything. I always tell people it's like playing poker with someone, except that you have to try to win with your cards face up on the table for the other player to see. You need to have a really good hand in order to get the other guy to fold.
2007-02-28 10:08:11 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
You can receive a copy of the arrest report and the offense report just about any time,(Freedom of Information Act), and most departments will provide you with a copy usually for a nominal charge. That is the only information you are able to get. If anything else exist, you must get it during discovery phase of the trial, (eg. witness statements, lab reports, etc. ).
2007-02-28 09:29:13 · answer #4 · answered by James A 2 · 0⤊ 0⤋
Yes and no. You and your lawyer get copies of all the evidence and a list of witnesses in the case. However, if there is a confidential informant involved, you might not get that name without a protracted court fight.
2007-02-28 05:16:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your Attorney can get all the paperwork involved in your arrest. I am sure your Attorney would give you copies and , of course, charge you for it unless he is a Public Defender.
2007-02-28 06:24:58 · answer #6 · answered by Tom M 3 · 0⤊ 0⤋
YES you are... even if it isn't a criminal case.
2007-02-28 04:45:32 · answer #7 · answered by Phoebhart 6 · 0⤊ 0⤋
If they are needed for your defense, your lawyer can subpoena them.
2007-02-28 11:56:17 · answer #8 · answered by WC 7 · 1⤊ 0⤋
IF U BEZ A CRIME-ANIMAL THEN YOU AIN'T ENTIGHTLE TO SH*T.
2007-02-28 04:37:44 · answer #9 · answered by Anonymous · 0⤊ 4⤋