Legal Question in Criminal Law in California

criminal law

After receiving a copy of my arrest report from the D.A. I asked my lawyer for a copy but he refused to comply, claiming he was legally unable to do so. Is this true? Can the D.A. and my attorney have privileged communication, and information I'm not entiled to?


Asked on 8/26/08, 12:30 am

2 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: criminal law

Technically, yes. Depending on the type of case, your attorney cannot just hand over the police report. Pursuant to Penal Code section � 1054.2(a)(1) "Except as provided in paragraph (2), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant's family, or anyone else, the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054.1, unless specifically permitted to do so by the court after a hearing and a showing of good cause."

In some cases, depending on the facts of the case, the attorney has to redact any information that would apply under the above-mentioned code section. Sometimes that requires a lot of review and redacting.

Talk to your lawyer and ask for clarification about the police report and your opportunity to review it in some form.

Good luck,

Elena Condes

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Answered on 8/26/08, 1:48 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: criminal law

Your lawyer has the duty to give you reports minus any information relating to phone numbers and addresses of victims and witnesses. This requires him to redact the report. He just might be too lazy to get it done. Keep insisting on your right to get the information.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/26/08, 2:42 am


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