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  1. #1
    Join Date
    Apr 2019
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    12

    Exclamation How to Get a Complete Copy of a Police Report

    Hi Everyone,
    My friend was arrested for domestic violence and was not formally charged. So there was no case.
    He has hired a lawyer working on the petition for factual innocence (California Penal Code 851.8). They (he and his lawyer) have almost finished the first step (File a petition with the arresting agency and wait for 60 days.) and will quickly move the second step (file a petition with the court).

    Here is one thing they are not sure and really need your professional advice:
    Some lawyers told him that he (and his lawyer) could somehow get the full-length police-reports without the help of the victim after they file the petition with the court. But his current lawyer has no such experience. Could you tell me how to get the full-length police-reports without the help of the victim in such a situation? (the victim will not help him or the policeman).
    Thanks a lot!!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    If the report is not a current investigative file, it should no longer be protected as a confidential file and available pursuant to a CPRA request. However, law enforcement agencies are reactionary entities and their default position will almost certainly be that it remains an investigative file and will deny the record. If they decline, then your friend's attorney may have to address the matter through the CPRA and compel the release of the record.

    On the other hand, the report may not even be necessary.

    Your friend may want to consult an attorney that has experience with expungement matters rather than engaging an attorney who would be stumbling through the issue.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Apr 2019
    Posts
    12

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    Thanks for the quick response.
    I am afraid it is still a current investigative file.
    previous one senior lawyer said only when we file the petition for factual innocence with the court, we can ask for this full-length police-reports. Is there anyone know how exactly we can do this?

    thanks a lot in advance!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    Quote Quoting fly-fish
    View Post
    Thanks for the quick response.
    I am afraid it is still a current investigative file.
    previous one senior lawyer said only when we file the petition for factual innocence with the court, we can ask for this full-length police-reports. Is there anyone know how exactly we can do this?

    thanks a lot in advance!
    If still an investigative file, you will need a court order for its release. There are a number of ways to go about that. Your friend is paying his attorney for this, so let them handle it. If this were an active court case, then he might be able to subpoena the report. Since it does not appear to be an active case of any kind, it'll take more time.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Apr 2019
    Posts
    12

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    thanks for cdwjava again.
    here are more details: the arrest happened two years ago, and it was a felony-arrest. There was absolutely no case at the court level, and my friend was never charged after release. He got a certification of release. However, technically speaking, my friend could still be charged, as it takes 3 years for a felony-arrest to expire. That is why I assume that the police-reports would still be considered an investigative file. ( despite that the prosecutor said they might not sue him. ).
    Could you give me a little more specific instructions on how to obtain the police-report as his lawyer is not very familiar with this part and my friend cannot afford to hire another one?
    thank you so much again in advance!

  6. #6
    Join Date
    Oct 2014
    Posts
    7,157

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    Quote Quoting fly-fish
    View Post
    Could you give me a little more specific instructions on how to obtain the police-report as his lawyer is not very familiar with this part and my friend cannot afford to hire another one?
    Then his lawyer ought to consult another lawyer who has experience with these sorts of cases. That is not unusual. When a lawyer needs information on an area of law that he/she doesn't practice much, it makes sense to consult one who does.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    Quote Quoting fly-fish
    View Post
    thanks for cdwjava again.
    here are more details: the arrest happened two years ago, and it was a felony-arrest. There was absolutely no case at the court level, and my friend was never charged after release. He got a certification of release. However, technically speaking, my friend could still be charged, as it takes 3 years for a felony-arrest to expire. That is why I assume that the police-reports would still be considered an investigative file. ( despite that the prosecutor said they might not sue him. ).
    Could you give me a little more specific instructions on how to obtain the police-report as his lawyer is not very familiar with this part and my friend cannot afford to hire another one?
    thank you so much again in advance!
    My participation in the process has been on response end (by the city/police agency), not on the seeking a court order end of things. As such, I cannot speak as to the specific process to seek a court order in such matters.

    As TM suggests, your friend's lawyer should consult someone else who knows. In fact, I am surprised he has admitted to such a lack of understanding of the process for something like this. While I am not specifically familiar with the court process to compel the release of a police report, I would think it a relatively common enough activity that he would have some familiarity with the process or know someone to consult unless he is completely outside his area(s) of expertise.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Apr 2019
    Posts
    12

    Default Re: How to Obtain Full-Length Police-Reports During Petition for Factual Innocence

    Thanks so much for Taxing Matters and cdwjava !!!

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