Legal Question in Criminal Law in California

Discovery

I've been to court 4 times on a misminor charge now and each time the PD has postponing for descovery and the PD keeps telling me that the DA has no police report


Asked on 3/24/09, 1:46 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: Discovery

So what is your question? If you are asking if what you are describing can happen the answer is yes it can happen and it does happen all the time. Although the Police Report is generally supposed to be available within a reasonable period of time, it does not mean that it will be. Also, the court will not dismiss the case simply because the Police have not finished the Police report or because they are not turned it over yet.

It sounds to me like the PD is hoping the Police Report will show up with a lot of problems in it which could end up helping you in the long wrong. Since you did not provide any information regarding the charges or what the situation was about it is difficult to determine what is going on. However, your situation is very common and it does not mean the PD is not doing their job. In fact what the PD is doing could be very helpful to you. I suggest you ask your PD questions so that you understand the process you are going through.

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Answered on 3/24/09, 10:22 pm


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