can a lawyer ask for a police report when a case has not been indicted

No you cannot order a copy of the report - you are a "non involved" party, so you don't get one. The PD is not going to talk to you yet if the case hasn't gone to court. Hire an attorney, who can get a copy of the report, and perhaps he/she will speak to you about the case (but most certainly can't give you a copy of the report).

Full Answer

Do I need a lawyer if I’m under police investigation?

I am under a police investigation but have not been charged yet. Do I need a lawyer? Yes, if you’re under investigation, you need a lawyer even if you haven’t been charged with anything yet. Why? To avoid being charged at all. First, let’s get one thing straight—for police, “under investigation” usually means “building a case.”

Do you have to disclose a police report in court?

(However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery that a defense attorney receives.

Can the police talk to you without a lawyer?

If the police want to talk to you, they need to go through your lawyer first. This is crucial because police prey on suspects when they’re at their weakest, cajoling them into giving incriminating statements that help police build their case.

What happens if the prosecutor knows you have a lawyer?

Normally, the prosecutor makes this decision based on the police report, the final product of the one-sided “investigation.” But when the prosecutor knows that a suspect has a lawyer, it can prompt the prosecutor to keep the police honest in their investigation.

What happens when a prosecutor knows a suspect has a lawyer?

But when the prosecutor knows that a suspect has a lawyer, it can prompt the prosecutor to keep the police honest in their investigation. And a lawyer can provide the prosecutor with evidence that the police have ignored or overlooked, which can influence the prosecutor’s charging decision.

Who decides whether you get charged?

Second, a lawyer can communicate behind the scenes with the prosecutor. It’s the prosecutor who ultimately decides whether you get charged, not the police. Normally, the prosecutor makes this decision based on the police report, the final product of the one-sided “investigation.”.

How to build a wall between police and you?

First, by hiring a lawyer, you’re building a wall between you and the police. If the police want to talk to you, they need to go through your lawyer first. This is crucial because police prey on suspects when they’re at their weakest, cajoling them into giving incriminating statements that help police build their case.

What does "under investigation" mean?

First, let’s get one thing straight—for police, “under investigation” usually means “building a case.”. Police often have a preconceived notion of what happened in a case, and they’re looking for evidence corroborating that notion. In other words, the “investigation” is not neutral and evenhanded.

Can a lawyer prove innocence?

A lawyer may even be able to uncover evidence proving your innocence. But you need to act fast before the prosecutor makes a charging decision. By the time a suspect is already charged, certain avenues of investigation are forever closed. So if you’re under investigation, hire a lawyer as soon as possible.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

Chris J Feasel

No you cannot order a copy of the report - you are a "non involved" party, so you don't get one. The PD is not going to talk to you yet if the case hasn't gone to court. Hire an attorney, who can get a copy of the report, and perhaps he/she will speak to you about the case (but most certainly can't give you a copy of the report)...

Charles K. Kenyon Jr

I am not surprised that the PD did not return your call. He/she is not your lawyer and would not be serving the client by talking with you. The prosecutor may be willing to tell you where you can get a copy of the police report. If you go to the court where he was convicted, you should be able to get a copy of the criminal complaint.

William A. Jones Jr

I agree with Attorney Kenyon's very able response to your question. As neither he nor I are licensed in CA, see what local counsel advise on this issue.

John Groseclose

The facts about what happened at any event are always the central issue in any case. You are correct that what a police officer writes in a report hours later could be subject to error. The purpose of a trial is to assess these things and to make determinations of fact amongst conflicting stories.

Adam Joseph Yanasak

There is a Washington State Court Rule that prohibits your attorney from giving you a copy of the police report or any other discovery received from the prosecutor. You can ask the judge for permission to get a copy or you can go to the police agency yourself and ask for a copy.

Scott Weymouth Lawrence

I think there is a state law that prohibits this, but if the report was written so long after and contains inaccuracies, that can be brought out on cross-examination at trial by your attorney.

Why do police officers file a report?

Police officers also initiate the filing of a report to record the data and gather the details associated with criminal and civil incidents such as car accidents, burglaries, assaults, and robberies, just to name a few. Officers gather and record a great deal of information and data on a police report. This is to help ensure thorough and accurate ...

Why do people file a police report?

People file a police report with law enforcement for a wide variety of reasons such as domestic disputes, traffic accidents, burglaries, and home invasions, fraud, theft, stalking, violence, and many other reasons. To file a report, citizens usually begin by calling 911, or their local police department’s non-emergency line, to report the incident.

How to find a person's last name?

To search, just go to the online search form and enter the person’s first name, last name, and their city. The form will search multiple public records databases and provide a list of potential matching names. Scroll through the list and select the person you’re looking for, then click Build Report.

How to get a copy of a police report?

First, begin by researching the requirements of the police department responsible for the jurisdiction in which the incident occurred. Then, follow the department’s exact protocol for requesting and receiving those records. Start by checking the police department’s website.

What is the reference number in a police case?

The names of witnesses and their statements. Reference number (if available) The law enforcement case file may also contain motor vehicle information, as well as specific details of the incident and any evidence associated with the case.

What information is in a police report?

What type of information and data is contained in a police report? 1 Identifying information for all parties involved in the incident, including full name, address, phone number, date of birth, social security numbers, driver license numbers 2 Date of the occurrence or incident 3 Location of the occurrence or incident 4 The officer’s name and ID number (sometimes referred to as badge number) 5 The names of other officers who were present 6 Diagrams or drawings of the scene 7 The names of witnesses and their statements 8 Reference number (if available)

Why are police records not publicly available?

There are two main reasons why they aren’t publicly available. First, disclosing the information could undermine an ongoing investigation. Second, it could jeopardize someone’s privacy and safety.

What happens if you make a false report to the police?

The person who made the false claim may be charged with making a false report to the police, and could confirm their intent to lie to the police by filing a false report about the alleged abusive incident. Again, the person who filed the false report may not have intended to provide false information. Their memory could have been unclear ...

What is a police report?

A police report is a document that is created when a crime has been reported to the police. Police reports generally contain the names of the victim and the perpetrator, the nature of the offense, the names of any potential witnesses, and other relevant information. The purpose of a police report is to have a record of each specific event ...

What does a prosecution need to prove?

The prosecution will need to prove that the person who filed the false police report meets the specific elements of the crime of filing a false police report. These specific elements of the crime can vary from state to state and are subject to the laws of each jurisdiction. In general, a person can assume that they will be convicted if ...

What is the burden of proof for a false police report?

The law places the burden of proof on the prosecution to prove beyond a reasonable doubt that the person who made the false police report satisfies the elements of the crime with which they are being charged. This is further discussed in the following section. The intent to provide false information is what will separate a false police report ...

How long can you go to jail for a felony?

If charged with a felony under state or local law, the defendant could face jail time exceeding one year. At the federal level, a person could also be charged filing a false report of terrorism .

What is the intent to provide false information?

The intent to provide false information is what will separate a false police report from a report that was filed due to a mistake of fact. Simply making a mistake when providing information does not result in a false police report.

What rights do you have if you are convicted of a felony?

These rights may even include the right to vote, operate a motor vehicle, hold a professional license, and the right to own a firearm.

What happens if a suspect is arrested and released without charges?

If the suspect is arrested then released without charges being filed, this doesn't necessarily mean that they're home free. Police can continue to investigate and might arrest the individual again if they believe they have stronger evidence at a later point in time.

What is the first step in an investigation?

Investigations Begin with a Verbal or Written Complaint. Investigations typically begin with the filing of a verbal or written complaint when police aren't called to the scene of an active crime, in which case an arrest might be made immediately and a complaint and investigation would follow. Cases that begin with a complaint are usually followed ...

What happens if you get an arrest warrant?

Arrests and Hearings. If an arrest warrant is issued, the police will detain the suspect until he or she posts bond. A court can order the suspect held without bail in serious cases. The suspect is brought in for a hearing often referred to as an arraignment, at which time the charges against him are read.

Why is the period between arrest and filing of formal charges the greatest danger period?

The period between the arrest and filing of formal charges represents the greatest danger period because many people have a hazy concept of their legal rights during this time. A person under arrest must confirm their identity, but they don't have to answer questions nor allow searches of their property unless police have a search warrant.

Why is being investigated so stressful?

Being investigated can be even more stressful because police aren't obligated to explain themselves until their investigation is completed and an arrest is made.

Do police officers interview witnesses?

Officers interview witnesses and gather physical evidence, if any, and summarize their efforts in their field notes. The accused should receive a copy of this report and has a right to ask for one if it's not offered voluntarily.

Types of Discovery

• A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery that a defense at...

See more on lawyers.com

The Right to Discovery: Brady Material

Federal and State Discovery Statutes

Questions For Your Attorney