Legal Question in Criminal Law in California

In California, how long can a portion of a case's files such as the search and arrest affidavits remain sealed under the pretext that they are sealed because of an �on-going homicide investigation�? I understand that federal rules do not permit it to go on indefinitely.


Asked on 12/24/11, 6:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm not sure what you're asking. Are you a defendant in an ongoing case? Do the records relate to the search and arrest of you or of someone else?

The materials you describe are generally not public records. The public has no right to see the records unless and until they are disclosed. The defendant will become entitled to see them as his case proceeds, but even he can't see them before that.

Note that the "federal rules" apply only to the federal courts. Most criminal cases are brought in state courts. The federal rules do not apply to those cases.

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Answered on 12/27/11, 3:23 pm


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