Legal Question in Criminal Law in California
Police reports in san mateo county
I'm dealing with a commercial burglary case in san mateo, and I know they have to prove intent, so I'm trying to look at the police report to determine whether they can. My ''private defender'' said he would send it, but never did, and isn't returning my calls. My question is - do I have a right to view the evidence against me? i.e. the police report? also, can I fire my private defender for going 2 months with no communication, knowing a crucial hearing is coming up?
3 Answers from Attorneys
Re: Police reports in san mateo county
If you hired a private attorney and he won't return your calls, leave him a message that if you don't get a return phone call in 24 hours you are going to contact the State Bar. Also write him a letter saying the same thing, and demanding a copy of the police report.
Re: Police reports in san mateo county
You definitely has a right to see all the evidence against you. You may want to write a letter to the PD's office to your public defender and you keep a copy of the letter and express your lack of contact and your continued attempts to contact him/her with no response to date. See if that gets the reaction you need. If not, and you want to get a new attorney, when you go to court next time ask the court for a Marsden hearing and bring a copy of your letter for the judge to see so the judge can see in writing what has not been going on for you. Best of luck. David Wallin at www.wallinlaw.com
Re: Police reports in san mateo county
I agree with Mr. Wallin, except that you do not have a right to see the victim's and witnesses personal data, as indicated in my response to an earlier post that I think was yours as well. Sounds Marsden to me.
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