all you LEO's, can u answer a question

[Cinderella]

Am I allowed to go up to the local police dept and see and read thru the police report from our case? Including the perps statement?

 

 

I have not done this up to this point and I am now ready and wanting to read it...

 

I just want to know before i go up there asking, want to make sure what my rights are on this in case they dont want to show it to me.

 

can anyone tell me anything about this?

[jburrell]

It is probalbly best to check with the local ADA or DA that is handling your case. They would have all the info and would be the most likely to share some information if the lead detective isn't. Most likely this is the only one who will discuss the case.

 

[BIG TOM]

Cindy, I agree with the above post, most ADA's will sit down with you and share the information as long as it does not interfere with the case..Your DA's office should have a victims advocate which is there to assist you in any way..This is the avenue I would persue..good luck with this endevor and my thoughts and prayers are with you and your family...............

[Highwayman]

With the case card they provided you (or should have) you shoul be able to see or get a copy of the file. However, different departments are set up differently, thjey may let you see it, they may charge you for the copies, or they may not let you see it at all. I know this vauge but thats how it is in some areas. I use to be able to get a copy of any case I wanted but not any more.

See the PA for the agency.

[Skid]

Contact your state's prosecutor's office and see what they have. I'm sure they have a copy and should take time to go over the case with you. Also victim's advocate is good if you have one. A police report can probably be purchased from your law enforcement agency, but sometimes parts of certain information or names can also be held or blacked out due to the case not going to court yet. Thats the way things work here in WV....

[ken]

I think in most cases it depends! What I mean is if your a suspect in a crime you will most likely be advised to file a motion of discovery thru the court system. If your a victim I would think the DA will have no problem sharing.

Edited March 30, 2009 by ken

[MiCarl]

Cindy,

 

I'm not any kind of expert but there is no way I would look at anything before the trial without discussing with the Prosecutor first. It would be a damn shame to create a technicality that lets the scum off.

[Cinderella]

thanks for the answers guys......

 

yes i have an advocate at the pa office.......I just have never asked her if i could see the report.

I have to go out of town to go to their office, but thought if i had the right to view the report id just stop in the local police office.

 

micarl i think maybe u are right.....i better ask my advocate first before i do anything, i would never forgive myself if i screwed up anything on this case.

 

I am expecting to have to meet with the pa soon anyways....motions are due at hearing in a little over 2 weeks and the next week is the motion hearing.so 2 court dates coming up shortly....

before all h*** breaks loose........

 

does anyone know the fury of a "mother scorned" ????????????

[1sttenor]

Sorry I hadn't seen your post. Yes in Mo you have a right to see the report and yes there may be things that are "blacked out", but the open records law requires that they give you the report. If the PA's office has an advocate go thru them and it will likely cost you nothing. Good Luck

[SteveB]

Cindi,

 

The information that has been given here is very wise. You should first check with the Prosecutor's Office so that you do nothing to damage your case. They should be able to answer your question for you. That after all is part of thier job.

 

Criminals seem to know thier rights better than the law abiding person. Don't be afraid to ask questions.

 

At least that is my opinion.

[Cinderella]

I did check with PA's office and spoke to our advocate......and no they didnt want me to see the report and the perps statement simply because I will be testifying. They are afraid if i see it and then am asked how i prepared for trial and the jury, etc found out i had seen "everything" it would mar my own testimony about what happened.

 

They did send us a copy of the probable cause statement..( which allowed them to get a warrant for his arrest)...let me tell you...it really was hard to see some of the description of what happened written in black and white with the perps acceptance of said statements...Especially for Dale....he got the mail and found it first....

I never have been able to describe it all to him, word for word, and i think maybe he just didnt grasp everything i did tell him, because he was really upset when he read it.

I was very glad to see the statement that he was read his miranda rights before agreeing to it tho.......i know i was told this but seeing it here makes it more definate in my mind.

They did promise me I would be able to see the entire report after trial.....