Legal Question in Criminal Law in California

Re: my rights on obtaining a police report

If you have counsel it should come through them. If not, and assuming no ned to redact the discovery, it should have gone to you at arraignment.

DJM

Re: my rights on obtaining a police report

You are entitled to the discovery, but it may not be you personally that receives it. Once you are charged and arraigned, meaning the court formally tells you what the charges and asks for a plea, which usually is not guilty, then you are entitled to discovery. Depending on the the type of case depends on how you get that discovery. If you are representing yourself you should get a copy of the discovery. If the crime is a crime against another person or entity, or if there are witnesses named in the police report, their personal identifying information will be redacted before you receive the discovery. If you are represented by an attorney, your attorney will receive the discovery on your behalf and normally will share it with you with the same redactions as mentioned above. There is a Penal Code section that indicates an exception to sharing the discovery if it is appropriate under that section.

Re: my rights on obtaining a police report

You are entitled to most of it, and you get it by making a proper and timely request on the DA. Check with the court clerk's office for a list of forms. Even as a pro per, you're going to have to know and follow all the proceedures and rules. If you're indigent, ask for the PD, if not, you should hire an attorney. That is what they are for. Feel free to contact me if you want legal help.