Get Legal Help Today
Secured with SHA-256 Encryption
in the case of a domestic violence call, is it still required by due process of law that the arrested is given a report of their arrest?
Asked on April 26, 2009 under Criminal Law, Colorado
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am licensed to practice in CT, not CO, but I often deal with issues like this as I do quite a bit of criminal work. Generally, the state is required to provide the defendant with the police report upon request, especially where it contains exculpatory statements. Furthermore, police reports are public records, unless it is sealed by a judge for some reason. As far as due process is concerned, the state does not generally have a mandatory obligation to show the defendant the report. At trial, police reports are generally inadmissible hearsay. I would consult with a lawyer as there may be more information that you could be leaving out as far as your question. In CT, there is no legal requirement that says the police are required to give the report to the defendant. Usually, defendants ask to see the report after the arrest and on their first day of court so they can see the basis for the charges. I would consult with a local attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.