Are copies of police reports available to me
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Are copies of police reports available to me
I was stopped for a red light violation I went before a clerk magistrate for the first hearing with no luck I have requested a trial with a judge, Can I get the report submitted by the ticketing officer for the trial? Does the actual officer that cited me have to appear in count?
Asked on April 14, 2016 under General Practice, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can get the report from the town: contact the town clerk and/or the police department for the appropriate paperwork to send in and where to send it. Also copy the court and prosecutor on your request, so they know you are seeking this. (You might actually get the report from the prosecutor as "discovery" in this case.)
If you and the prosecutor cannot work out a plea deal, then yes, the officer will have to appear to testify. However, if he is not available the next date, the court will almost certainly adjourn the trial to a different date, to let him show up; they almost never dismiss if the officer is not available on the trial date.
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