How do I find out what “evidence” the police have or what grounds they had for issuing an arrest warrant?

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How do I find out what “evidence” the police have or what grounds they had for issuing an arrest warrant?

My nephew was suspected of battery theft. The sheriff dept investigating questioned him and said they had no real evidence that he or his friend were involved so no arrest. Moments later the sheriff return stating that a local police dept in the area had issued an arrest warrant. The charges I got from booking were for the battery thefts. No one can tell me why when the sheriff’s dept cleared him the local police dept (who aren’t even supposed to have jurisdiction for the area the crime occurred) had cause to have him arrested. Should my nephew have a criminal law attorney? In Lake County, FL.

Asked on February 27, 2011 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, he should have an attorney and he should have been offered one when he was arraigned on the charges.  If he can not afford one an attorney should be appointed on his behalf.  You are not going to be able to obtain the discovery - the information that is to be turned over by law by the Prosecutor's office - on your own.  There are rules governing the disclosure by the Prosecutor's office of the information that led to the arrest and generally speaking the prosecutors are held to a pretty high standard.  I would also consult with a criminal defense attorney privately in the matter.  2 opinions as to the issues are never bad to have. 


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