Legal Question in Criminal Law in California

a criminal case has been filed against me for battery. me and my best friend got into a fight and the police were called. my friend refused to sign the original investigative report because they were trying to add statements which he did not state. at my preliminary hearing we saw the police report with the false statements. ( my question is can i get off on a technicality because the original investigative report was not signed by my friend "the victim" ?


Asked on 2/11/10, 7:52 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

There are a couple of things you need to be aware of. Most Police Reports are inaccurate and a lot of them do not contain the correct facts. The fact that your friend did not sign the original investigative report does not help you, in and of itself. However, if your friend disagrees with the facts in the report he is an important witness for you and could go a long way to helping you. You mentioned you had a preliminary hearing so I assume you either have an attorney or a public defender has been appointed by the court for you. It is important that you inform whom ever is representing you about the situation with your friend. One of the questions that may be asked could be regarding why he did not sign it. His answer about the report being inaccurate will undoubtable help you.

This answer does not create an attorney client relationship between the parties and should not be considered legal advice. The statements are based upon general principles of law and not specific to your situation. The statements are not covered by the attorney client privilege. You are strongly urged to seek the advice of an attorney in your area.

Good luck

Brian McGinity

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Answered on 2/16/10, 10:56 am


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