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Questions Answered by Josh S. Brownstein
2 Answers | Asked in Consumer Law, Criminal Law and Civil Rights for California on
Q: As a victim, am I entitled to an Incident Report?

On 01/21/2021, my house in Upland was burglarized. My checkbooks for a bank and credit union and a Visa Debit Card were taken.

On 02/02/2021, a person was charged in Orange County with first degree burglary in Orange on 01/18/2021, possession of a controlled substance with intent to sell,... View More

Josh S. Brownstein
Josh S. Brownstein
answered on Feb 24, 2021

The police department will not release a police report pertaining to an ongoing investigation and/or prosecution. To the extent you want information now, I suggest contacting the District Attorney's office directly. Depending on the particular DA's office, there may be a victim's... View More

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4 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: If a prosecutor commented on a defendant's failure to take the stand in his own defense, is this grounds for an appeal?
Josh S. Brownstein
Josh S. Brownstein
answered on Feb 3, 2021

Yes. A defendant has a constitutional right not to testify. If he/she exercises this right, the prosecution may not comment on it at any time, and the jury is instructed not to consider the defendant's exercise of this right in its determining guilt.

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