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-   -   Am I allowed to see statement made by victim in crime and how do I request it? (https://www.askmehelpdesk.com/showthread.php?t=763475)

  • Aug 20, 2013, 03:40 PM
    wallabee4
    Am I allowed to see statement made by victim in crime and how do I request it?
    I have a police report re an incident for an alleged crime where I was brought to arraignment and the charges were all immediately dismissed for no probable cause. At the time of arraignment, I retained a defense lawyer and he told me I was not allowed to have a copy of the police report, although he showed it to me so I could see what I was charged with and it was read/used against me at the hearing. Now, much after the fact, I found out that I could get the police report for $5, so I have it. And I see that a statement was made by the victim spelling out several more crimes I had allegedly committed, which I'm sure strongly influenced the police charging me w/ the crimes they brought against me but which I am certain has to be made up lies because I know I never did anything wrong and have multiple experiences of this alleged victim's perjury and drama. I called the police dept to ask how I can get a copy of the victims' statement referred to in the police report and the secretary told me I can't have it. That it is protected by privacy laws.

    Now this is small town. The cop's in bed with the victim (literally) and that secretary is BFF with victim.

    So I'm here on AMHD to ask is that even true, what the police dept secretary told me? As the defendant I am not allowed to see the written statement the victim made against me and gave to the police for the police chief to make his report and charge me with multiple crimes?

    Does any of this fall under public records request?

    Only in PM can I reveal what state I am in. I am in U.S.
  • Aug 20, 2013, 04:12 PM
    AK lawyer
    Quote:

    ...
    Only in PM can I reveal what state I am in. I am in U.S.
    Each state has its own laws, including freedom of information statutes. In general, police reports would usually be available under such laws. But without knowing the state, we wouldn't be able to say for sure.

    I was confused at first, because you wrote that you have the police report (having paid $5.00), but don't have the victim's statement. Now I see.
  • Aug 20, 2013, 04:16 PM
    Alty
    Quote:

    Originally Posted by AK lawyer View Post
    Each state has its own laws, including freedom of information statutes. In general, police reports would usually be available under such laws. But without knowing the state, we wouldn't be able to say for sure.

    I was confused at first, because you wrote that you have the police report (having paid $5.00), but don't have the victim's statement. Now I see.

    AK, he has the police report, which he got for $5. He wants a copy of the victims statement to the police, and they're telling him he can't have it, due to privacy laws.
  • Aug 20, 2013, 05:24 PM
    ScottGem
    The 6th and 14th Amendments give you the rights.

    "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him."

    However, that doesn't necessarily mean you have those rights absent a prosecution. However, since the charges were dismissed (at arraignment?) there was no criminal prosecution.

    I think the only way for you to get those records is either under a freedom of information petition or you sue the witness for defamation and subpoena the records.

    Since this appears to be water under the bridge, I suggest you try putting it behind you.
  • Aug 20, 2013, 05:26 PM
    smoothy
    At least in Virginia you can go to the local police station... fill out a form and find out every complaint made against you and by whom and for what. A neighbor did that recently... due to a raving lunatic that lives nearby. ( I see it getting really ugly at some point soon)
  • Aug 20, 2013, 05:29 PM
    AK lawyer
    Quote:

    Originally Posted by Alty View Post
    AK, he has the police report, which he got for $5. He wants a copy of the victims statement to the police, and they're telling him he can't have it, due to privacy laws.

    Thanks.
    I saw that after I started writing. That's why I wrote "Now I see."
  • Aug 20, 2013, 05:45 PM
    Alty
    Quote:

    Originally Posted by AK lawyer View Post
    Thanks.
    I saw that after I started writing. That's why I wrote "Now I see."

    I didn't see the "Now I see" part. I see it now. In other words, now I see your "now I see". :)
  • Aug 21, 2013, 03:12 AM
    Fr_Chuck
    It should be covered under the freedom of imformation act, and/or your previous attorney will also have a copy of it, if he got the evidence against you. Not sure, why your own attorney lied to you, I would be more worried about that.

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