Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report
my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.
A:
In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances.
First, you should submit a formal request to the Atherton Police Department. This can typically be done in writing or via a form provided by the department. Be sure to include all relevant details: your brother's name, the date of the incident, and the location (El Camino Real in Atherton, as you mentioned).
If the department is hesitant to release the report, it could be due to ongoing investigations or privacy concerns. In such cases, they are obliged to explain the reason for withholding the report. As an attorney, you can assess their response for compliance with California law.
Since your nephew is a minor and living abroad, it might be necessary to establish legal representation or guardianship to act on his behalf. This could be a significant factor in accessing the report and handling any subsequent legal matters related to your brother's passing.
If you encounter resistance or legal complexities, consider consulting with a local attorney who has experience in such matters. They can provide more specific guidance and, if necessary, help in navigating the legal system to ensure your rights and those of your nephew are fully protected.
A: The son's mother will have to hire an attorney. The son's mother can sign an Authorization on behalf of the son for release of the report. If there is an ongoing criminal investigation, the report will not be released.
A: First of all, my condolences on the loss of your brother. It is unclear if the department will not actually give you the report due to insufficient authorization or if the report is not ready as of yet. Incidences involving catastrophic injuries and/or death can take months until the report is ready. Once prepared, you will need to present proper authorization to obtain the report. Your nephew would have standing so a guardian appointed to him for purposes of this litigation would allow that person to obtain the report. You may wish to consult with an attorney to pursue this matter. Personal Injury attorneys work on a contingency fee basis, which roughly translates to; there is no money up front, a fee is taken upon a recovery.
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