Legal Question in Criminal Law in Georgia

Incident report

I have been charged with Obstruction of Justice. I had no idea I was obstructing anything. I did not even know that I was in trouble. I have been trying for three weeks to get the incident report. I finally received it, but all it had on it was the charge, the time, the date, and basic stuff. The explanation was blank. No details were there. The police said that they were not obligated to give me anything. What can I do? Does disclosure not mean that the prosecution is supposed to release the evidence to the defense?


Asked on 4/08/09, 4:17 pm

1 Answer from Attorneys
Yasha Heidari Heidari Power Law Group, LLC

Re: Incident report

Have you had an arraignment yet? (An arraignment is a formal reading of a criminal complaint in your presence to inform you of any charges you are being prosecuted for.)

A police report could cite you for obstruction of justice, but it is the actual prosecutor or solicitor that will be responsible for determining what charges will be filed against you.

The process of disclosure you are referring to is called discovery and relates to the prosecutor and his/her office. The police have nothing to do with it.

Feel free to e-mail me if you would like to discuss matters.

Please be advised that (1) I am not your attorney, (2) the abovementioned information is only for educational purposes, and (3) no attorney-client relationship exists absent a written and signed engagement letter.

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Answered on 4/08/09, 4:35 pm


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