Legal Question in Criminal Law in California

Obtaining a police report

Recently, my wife and I had a police report filed against us by some family members. The charges were easily shown to be absolutely false. The detective shared a few details from the report regarding the alleged crimes and how they were thought to be accomplished. However, when asked if we could get a copy of the report he said ''No''. Is there any way either with or without a lawyer to obtain a copy of the report?


Asked on 6/19/06, 11:08 am

1 Answer from Attorneys
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: Obtaining a police report

If the allegations are truly bogus, it's likely that the prosecution agency will not file charges based on the report. However, if charges are filed, then if you show up at the arraignment, you have the legal right to represent yourself subject to the judge allowing you to do so. Once the judge makes that finding, you should be able to obtain a copy of the report from the prosecutor or clerk. However, most courts are reluctant to give it to you. If no charges are filed, you may be able to get the report, but it will be redacted.

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Answered on 6/19/06, 12:10 pm


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