Q: If a police report is taking a long time to become public, is that normally a good or bad thing?
My friend was arrested in February and they tell her that her police report isn't ready yet when she tried to get it. Is this a good or a bad typically?
A: In normal times that would be unusual, but the COVID shutdown means we are not in normal times. Your friend should have a private discussion with her criminal defense attorney about this issue.
A:
Hello,
Sorry, you may not like this answer but it the truth. As a former prosecutor, I can tell you that law enforcement is not under an obligation to turn over any materials until their investigation is complete and the prosecutor has made a decision on the case. I'm sorry to say it could be quite some time depending on the situation.
In terms of typically good or bad, it is impossible to say. Sometimes, it may just be sitting on an officer's desk waiting for someone to do the paperwork to either stop the investigation or to send it to the prosecutor. The officer may be waiting to collect other evidence.
Every situation is unique. One of the best things for a person under investigation to do is to seek legal advice from a competent attorney so they can better protect their rights BEFORE any potential criminal charges are filed. In this instance, being proactive is often rewarded.
Sincerely,
Jim
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
