Legal Question in Criminal Law in California

can my attorney not let me read the discovery he has on my case i am in jail already been arraigned and held to answer says i cant read my police reports or anything else the prosecution has provided to him i argued with him that i can and he said no that theres an ongoing investigation is this right i understand blocking out the witnesses contact info or any informants name but how can they make a plea bargain if i dont know what evidence they have against me this is in california


Asked on 8/29/09, 10:09 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

How are you accessing a computer in the jail? Most correctional facilities do not allow inmates to have access to the Internet.

It is a crime for an attorney to reveal the address of telephone number of any witness or victim which is disclosed in discovery. Penal Code �1054.2(a)(3). A violation could also cost your lawyer his license to practice law.

There may be very good reasons not to give a client copies of police reports.

For instance, jails are crawling with snitches who would make up lies about their own mother if they thought it would get them a lesser sentence. One of the most common ways snitches get information about cases is by reading another inmate's police reports. This is known as "booking" somebody. The snitch then contacts the detectives in the case and claims the other inmate confessed all of the details in the police reports, and the prosecutor argues that the snitch couldn't possibly know all of those details unless the defendant told him.

In other cases, a defendant may be in danger if other inmates read the details of police reports, so a defense attorney won't want to have those reports floating around the jail.

If it is a complex case with hundreds or thousands of pages of discovery, it may not be practical to have you read all of the reports without giving you a copy.

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Answered on 8/29/09, 10:34 am


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