Legal Question in Criminal Law in Wisconsin
Defendents rights to police reports
I have requested a police report from the arresting officer,judge, and D.A. I have not been given this information. when called the D.A., she said she didn't have time and would get to it this week. She did not send it this week and court date is in 3 days. Do I have a right to this and can I get the charges dropped for not giving me the requested information?
2 Answers from Attorneys
Re: Defendents rights to police reports
I'm licensed in Tennessee and not Wisconsi, but generally speaking a criminal defendant IS entitled to such records IF they are properly requested. Simply asking for them in court, or even going to the DA's office to ask for them may not be enough.
Get an experienced criminal defense attorney and have the attorney do that as part of the preparation of your case for trial.
Generally speaking you would use either pre-trial motions, subpoenas duces tecum, ot Freedom of Information Act requests.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
Re: Defendents rights to police reports
Although there are certain discovery rights in
criminal cases, a right to all police reports is
not one of them. Most county DA's offices,
however, have courtesy agreements with members of
the local bar allowing "open file" access. Your attorney
should therefore be able to easily get the records.
Jay K. Nixon
Harvey,Nixon & Fisher
P.O.B. 1555, 333 Main St
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