Affidavits

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Affidavits

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

Answers:

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.


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