Legal Question in Criminal Law in Texas
i was assaulted by 5 men on 05/23/11 after a road rage incident. the police came but I chose not to press charges as but during the attack by the 5 guys my knee was injusred. I could not walk for three days and now i have been told that I need to have acl surgery. I, asked for a copy of the police report and the police deaprtment said they would not give it to me as charges were not filed. Can I get a copy of the report or the names of those that assaulted me? so i can pursue damages for my injury?
thanks
2 Answers from Attorneys
The police are correct - if charges were not filed (or the cases not complete) then you are not entitled to the police report under the Public Information Act. However, you might employ a civil lawyer to seek damages. That lawyer might be able to work with the police to at least get the information about the men. Otherwise, change your mind and prosecute them (which you should have done in the first place. This would make your civil case stronger & you could possibly get your damages through the criminal prosecution in the form of restitution if any or all of them got probation.)
Please be aware a criminal offense report and associated items such as videos, photos, etc are not considered public information and will not be released unless the case was closed by conviction (someone was arrested, convicted and received jail/prison time and/or deferred adjudication and/or a fine). The only portion that can be released in most cases is the public information portion and suspect information if a suspect(s) was arrested and charged. The public information portion contains a summary of the crime, the complainant's name, address, date, time and location of the incident the responding Officer's name(s), and the incident number.
You can contact the police department that responded. Talk with someone in their records department, get instructions for how to make a written request. The department will have to ask the Attorney General for an opinion regarding whether or not to release the information to you. If the department does not contact the Attorney General within 10 days of your request, then the information is presumed to be public record and must be given to you. If the Attorney General request is made within 10 days the Attorney General's office will have 45 days to give a response.
Also, since the incident occurred less than 2 years ago, the statute of limitations has not run. This means that you still have time to file criminal charges.
You may also want to consult with a civil attorney regarding your option for filing a civil suit. In which case a process called discovery will be completed, which may get you the answers you are seeking.
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