Results 1 to 5 of 5

Hybrid View

  1. #1

    Default Can a Citizen View Entire Criminal Cases

    My question involves criminal records for the state of: Indiana

    Criminal records are public record they say, but are criminal cases attainable as well? Can a regular citizen have access to trial transcripts, court pleadings, testimonies, police statements, and police reports? This would be for cases that are already closed of course, in the files, not ongoing investigations. What is limited and what isn't? Thanks in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Citizen View Entire Criminal Cases

    The federal government and most states have public record access laws that means you can generally get at them. It's not necessarily speedy and they will charge you for the costs of obtaining the copies you want. For the feds it's called FOIA and each federal entity usually has an office designated to get such requests.

    For Indiana, it's covered in the "Access to Public Records" section of the code.

    http://www.ai.org/legislative/ic/cod.../ar14/ch3.html

    If, of course, you are the accused, then the proper method of obtaining these is through the discovery procedures set forth. These are mandated to be more timely and easier to do. If you are the victim or some affected party, the victim's assistance program or direct request to the state's attorney may get you some direct help.

  3. #3

    Default Re: Can a Citizen View Entire Criminal Cases

    So I have to be an affected party or else I can't get access to another convicts entire case?

  4. #4
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Can a Citizen View Entire Criminal Cases

    Precisely. Certain records such as mental evauations and Pre-Trial/Pre-Sentencing Reports are sealed and restricted from release to non-parties in most cases. In cases before the United States District Courts, the Pre-Trial and Pre-Sentencing Reports are not even filed. They are provided to the parties involved for review, then collected and destroyed. No copies are permitted to be made under most circumstances.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can a Citizen View Entire Criminal Cases

    You can go to the clerk's office and see the file. Whatever was publicly filed is available for viewing and copying. You can do the same with the DA or State Attorney's office. If the person had previous convictions, you will NOT be given access to the NCIC criminal history report. You might be able to see the judgments of conviction, but I doubt it, except for your own and even that is a long shot. As said, pre-sentence reports are not available to you.

    Transcripts are debatable. I assume there were depositions in the case. That does not mean they were necessarily produced and in the file. There is a court reporters record of the trial, but chances are it was never transcribed unless there was an appeal. Even with an appeal, chances are it is on the law and the transcript doesn't matter. If the transcript does matter, chances are only the small relevant section(s) were produced. Even transcribing a one day trial is going to cost a couple of thousand.

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: How to Expunge Records From Two Separate Criminal Cases
    By HookEmEx in forum Criminal Records
    Replies: 1
    Last Post: 03-28-2011, 09:25 PM
  2. Time Conflict Between Civil and Criminal Cases
    By mutualrespect37 in forum Employment and Labor
    Replies: 1
    Last Post: 04-28-2010, 08:55 AM
  3. Criminal Records: Where To View Criminal Records
    By canttakeit in forum Criminal Records
    Replies: 1
    Last Post: 01-05-2008, 05:21 PM
  4. Pretrial Procedure: Mental Illness As a Defense in Criminal Cases
    By cissycicle in forum Criminal Procedure
    Replies: 9
    Last Post: 09-22-2006, 04:17 PM
  5. Expungement and Sealing: Criminal Records from Sealed Cases
    By 1234 in forum Criminal Records
    Replies: 3
    Last Post: 07-18-2005, 01:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources