why won't my lawyer give me a police report?

by Lela Swaniawski 6 min read

When a criminal defense lawyer tells a client that they cannot give them copies of the police reports, the clients usually think that’s because the lawyer doesn’t want to lose the case.

Police reports may include the names and addresses of witnesses and police officers, and other identifying information that the Supreme Court does not want to be made public. So, your lawyer is prevented from making copies of the discovery and giving it to you.Mar 13, 2018

Full Answer

Why can’t I get a copy of a police report?

Feb 22, 2009 · (2) If you are represented by a public defender or private attorney, then they will obtain your police report. (3) It's harder to get your police report quickly if you represent yourself. Generally, you can review/read your police report before entering a "Not Guilty" plea at your arraignment. Show up early. Request the report from the prosecutor (know that at this point, …

Can a lawyer get a police report in California?

My lawyer isn't keeping me in the loop on what's going on with my criminal case. I'm getting nervous because I don't know if things are going well or if I might end up in jail. Is there anything in the law that I can use to make sure I'm kept informed on the details of my charge and my case?

Why don't the police have to read you Your Rights?

Answer (1 of 4): One reason to deny you a copy is if the investigation in still ongoing. If the case is still under investigation and charges have not been filed, you will not be able to get a copy until the investigation is complete. When charges are filed you should be able to get a copy from ...

Can I do if my lawyer isn’t keeping me informed?

Jul 22, 2019 · Regardless of what you might see on TV, police officers can't actually burst into your home unless they either A. have a warrant or B. have received your express consent to do so.However, as Scharff Law Firm in Raleigh, North Carolina, points out, there are a few exceptions to this rule. For instance, an officer can enter your home without your consent under the plain …

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What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What do you do when a lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

What is reasonable response time for a lawyer?

within 24-48 hoursA: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How often should I hear from my lawyer?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

How do you respond to an attorney letter?

Responding to Correspondence Threatening Legal ActionLook carefully at the letter's contents. ... Check to see who sent the letter. ... Review the substance of the letter or email. ... Review the situation and the facts. ... Determine how best to proceed.More items...

Why do police seek to protect third party witnesses?

Police will further seek to protect all third-party witnesses from being identified so as to prevent the recipient of the report from engaging in witness intimidation or witness tampering , especially when police anticipate further investigation.

What is the California Public Records Act?

The California Public Records Act (CRPA) provides that, except as “exempted by law,” public records must be made available to the public to look at (for inspection). This is provided for at California Government Code § 6253 (a).

What is the CRPA?

The CRPA is similar to and in fact modeled after the federal Freedom of Information Act (FOIA). The CRPA’s provisions later found their way into the California Constitution at Article I, Section 3 (b), which provides a public right of “access to information concerning the conduct of the people’s business.”.

What is a 6254 F?

Government Code § 6254 (f), which is part of the CRPA, exempts a large amount of police records from disclosure, such as records of complaints (of excessive force, racial profiling, evidence tampering, coerced confessions), investigations, intelligence information (i.e. wiretaps, identity of confidential informants) and security procedures.

Deirdre Lynn O'Connor

I don't know anything about WA law, but that is ridiculous. I'm not sure what the police department's definition of "due process" is but as a general rule it means fairness and a meaningful opportunity to respond to the charges.

Alexander Floyd Ransom

I practice here in Bellingham. You ARE entitled to your police report (s). There is a process, however. (1) You won't obtain police reports from the police department. Period. (2) If you are represented by a public defender or private attorney, then they will...

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

Which amendment protects you against self-incrimination?

This is thanks to the Fifth Amendment of the U.S. Constitution, which, as Florida public defender Howard Finkelstein notes, "protects you against self-incrimination.". 13. The police aren't required to read you your rights if you aren't being detained. Shutterstock.

What happens if you leave your suitcase unattended?

If you leave your suitcase unattended in the airport to run to the bathroom , the police have every right to search it. This was determined in the landmark 1997 United States v. Tugwell Supreme Court case, which determined that whenever a person leaves property unattended—intentionally or otherwise—they forfeit any privacy protections provided by the Fourth Amendment.

Can police lie to you?

Police officers can legally lie to you about having evidence. Shutterstock. If a policer officer tells you that they found your DNA at the scene of the crime, they may not necessarily be telling the truth—and that's perfectly within their rights.

Can police burst into your home?

Regardless of what you might see on TV, police officers can't actually burst into your home unless they either A. have a warrant or B. have received your express consent to do so. However, as Scharff Law Firm in Raleigh, North Carolina, points out, there are a few exceptions to this rule.

Do you have to show ID when traveling internationally?

Of course, when you're traveling internationally, you are legally obligated to show authorities your identification. However, when it comes to identifying yourself within the States, whether you are legally required to show an officer your ID is determined by each state.

Can you read a search warrant?

If the cops ever show up at your house and claim to have a search warrant, you can exercise your right to actually read said warrant. "You're welcome to read [the warrant] at your leisure," Christopher Hawk, a retired member of the police force, noted on Quora.

Who is Rick Bruno?

Rather, Rick Bruno, a retired police commander, noted on Quora that "there are a lot of laws out there, and we [police officers] know the basic ones for the most part—the ones we deal with all the time—but sometimes someone does something that looks illegal and we're not quite sure.". 20.

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