Can you get a police video from the district attorney before arraignment?

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Can you get a police video from the district attorney before arraignment?

I was in an accident and was in and out of consciousness while the police were there. I was wondering if I was allowed to see the police video from their car before I am arraigned in court.

Asked on January 13, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

In New York City most DWI arraignments take place within 24 hours so it doesn't happen.  In some counties, it's delayed but I doubt even then that you would be able to get it before arraignment.

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Maybe.  The prosecuting attorney gets the information from the police.  Sometimes it takes them awhile before they get the videos. 

You or your attorney can subpoena the video from the police directly.  However, a general discovery request to the prosecuting attorney will usually suffice.

Note, the arraignment, in Utah, and I suspect in most states, is when the judge reads the charges against you and asks you how you plea.  Simply, plead not guilty and set the matter for a pre-trial.  You should be able to get all the discovery, video included, prior to the pre-trial.

Hope this helps.


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