Friday, November 21, 2014

How Quickly can you get Police Reports? / Public Records / Chapter 119 Request / Discovery / Pre-Arraignment / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    Can the attorney and defendant obtain the discovery or any police reports prior to formal charges being filed?  Can the attorney and defendant obtain access to any criminal report affidavits, police reports and whatever was used as grounds for probable cause for an arrest warrant prior to formal charges being filed?

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Michael Adam Haber


Contributor Level 20


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Best Answer
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Answered Yes ands no.

Police reports are public records, but only once the police file is closed (usually by arrest).

You can do a Chapter 119 (Public Records) request of the Records Custodian and they will provide you with the report.... ultimately.

Personally, when I want / need them before Arraignment, I usually call the records department first and ask when the reports will be available, inquiring what costs are associated (so I can bring them a check if need be) and what will be the most convenient time for me to show up. All of this essentially assumes that the documents will be turned over. Sometimes it works quickly other times not, but ultimately you are entitled to them unless they are otherwise privileged.

I hope this has been helpful and wish you good luck.
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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