Legal Question in Criminal Law in California

Get the best lawyer you can, and be prepared to spend more money for a private investigator.

What can you do? Defend the charges. Go to court, enter a not guilty plea if appropriate, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Your private investigator will provide you whatever facts his research uncovers. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.

It sounds like your asking what can be done when a Police Report either contains inaccuracies or is completely false. The approach really depends on the situation. If the Police Report contains inaccuracies and as a result of those inaccuracies you are facing criminal charges then you are faced with a decision. The first thing you must do is discuss the situation with your attorney and explain in detail what happen and why you feel the Police Report is inaccurate. Then you and your attorney will determine if the inaccuracies effect your case. Eventually you will make a decision as to if you want to fight the charges or not, but all along the way you and your attorney will make determinations as to what options are available to you based upon what you tell your attorney and what the inaccuracies in the Report actually are.

If the entire Police Report is false, once again you and your attorney must discuss the matter and determine the best manner in which to proceed given the circumstances. It is extremely rare for someone to be sitting at home, alone, on their couch watching T.V while an event is taking place that leads to an entirely fabricated Police Report. Although, I'm sure it does happen. In my experience I have come across Police Reports that are so full of misrepresented facts along with such vague descriptions of vital information or where specific information has been conveniently left out of the report that it is basically a manufactured case. However that is when a private investigator can do a tremendous service for a case and develop facts along with unreported information that an entirely new perspective of the case is clearly brought forth.

So, what it comes down too, is that you need to discuss the situation with your attorney and explain everything to them. Don't leave out anything and don't try to spin the facts in any certain direction. Just be honest and accurate. Then let your attorney guide you.

Good Luck,

Brian McGinity