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sallyenochs · Mar 19, 2008, 01:54 PM

My son was arrest on 3rd degree assault of a minor. He was taking into custody. This was not at all what it appeared to be. The child said he held him down and the officers who came to the home said once an assault charge was filed someone had to be arrested.
We are trying to get a copy of the police report but they will not let us have one without an attorney requesting it. He does not have the money for an attorney and will pled not guilty to the charges. Is there a form we can get that helps us file the motion of discovery with the office to get copies of the report?

twinkiedooter · Mar 19, 2008, 04:18 PM

Have you gone to the police department and requested a copy of the police report there? Usually they charge a small fee for this. You don't have to have an attorney for this unless they give you the reason about "the child is a minor" stuff. Then they will probably give you a hard time.

Does your son have a public defender at this point? Has he been arraigned? If he has not been arraigned yet, he will be appointed a public defender at that point (if you cannot afford an attorney for your son). The PD can request a copy of the police report so that your son and the PD can go over it when they discuss his case.

JudyKayTee · Mar 20, 2008, 06:30 AM

Originally Posted by sallyenochs

My son was arrest on 3rd degree assault of a minor. He was taking into custody. This was not at all what it appeared to be. The child said he held him down and the officers who came to the the home said once an assault charge was filed someone had to be arrested.
We are trying to get a copy of the police report but they will not let us have one without an attorney requesting it. He does not have the money for an attorney and will pled not guilty to the charges. Is there a form we can get that helps us file the motion of discovery with the office to get copies of the report?

What State are you in? Where I am - NYS - people accuse each other of assault and file the charge and this is not the result.

You cannot be denied legal representation - go to legal aid/ask for a public defender.

(Is your son an adult and the other party is a minor? That could make a difference concerning the charges.)

hyestyle · Jun 19, 2010, 05:16 AM

Once you are arrested , the department won't give the report to you. If you really think u are innocent either get a lawyer or wait for the arraignment plead not guilty and motion for discovery it is requesting all the information or the evidence the DA will charge. However, you must have a good reason for them to release the information to you. I would highly recommend you to get a lawyer because public defenders will try to give u deals like probation or whatever.

hyestyle · Jun 19, 2010, 05:16 AM

Once you are arrested , the department won't give the report to you. If you really think u are innocent either get a lawyer or wait for the arraignment plead not guilty and motion for discovery it is requesting all the information or the evidence the DA will charge. However, you must have a good reason for them to release the information to you. I would highly recommend you to get a lawyer because public defenders will try to give u deals like probation or whatever.

excon · Jun 19, 2010, 05:44 AM

Originally Posted by hyestyle

However, you must have a good reason for them to release the information to you. I would highly recommend you to get a lawyer because public defenders will try to give u deals like probation or whatever.

Hello h:

One good reason is the person is the defendant. Actually, you're even wronger than that. A police report is PUBLIC information and ANYBODY can get a copy of it.

You're also wrong about public defenders. They're lawyers, and pretty good ones too.

excon

PS> I've never been sentenced to "whatever". Do you get good time on that?
PPS> Leave the LAW board to the experts. You could get somebody in MORE trouble than they're already in.