Can CPS use a police report

Asked over 1 year ago - Rochester, NY

CPS casework used a police report to interview me and told me she was already decided the case was founded and read from the report and turned her report in based on that i didn't argue with her because my lawyer told me not to , all i did was explain what led up to the incidence . Do i have any recourse to stopping that statement from being used at my felony assault trial

Attorney answers (2)

  1. Marco Caviglia

    Contributor Level 19

    1

    Lawyer agrees

    Answered . CPS apparently obtained the police report as a sounding board to question you. A "founded" report can be based on very little, i.e. "any credible evidence," so here she may have been referring to the report or evidence it addresses. The CPS case is a civil matter. Your decision to give the worker a statement in the civil matter probably can be used against you at trial if it is incriminating. I presume you did not sign a written statement, and that your description of the events was exculpatory. However, any statement might advance the prosecution's case to establish things through your own words which otherwise would have to be proven by the prosecution. You may have an argument that as a government agent, the worker should have given you Miranda warnings but did not. If the defense can show that the CPS was working with the prosecution and/or police to obtain incriminating evidence, then the worker might be considered a police agent. However, typically, absent such showing, a CPS worker would probably not be considered an agent required to give you the warnings. However, I am certain that this matter will be investigated by your attorney and s/he will make the appropriate suppression motion if warranted.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If your lawyer told you "don't argue " with the CPS worker than he or she should have said "Do not talk to anyone, especially CPS, the poilce, your friends, and do not answer questions from anyone who calls you, writes you, comes to your door, or arrests you. I wish people understood that their statements will be used against them at trial and that the poilce and CPS are not on you side. They are investigating a matter and they are trying to get the truth, confessions, evidence, and cooperation from witnesses. Only unsophisticated people talk to anyone other than their lawyer. to all others they say, "Talk to my lawyer."

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,423 answers this week

2,981 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,423 answers this week

2,981 attorneys answering