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Do I have access to view a persons written statement? Do I have access to audio recordings taken by the involved officer?

Ashtabula, OH |

I was a passenger in a vehicle that I own. A friend "josh" was driving my vehicle and ran it into a ditch. I had a few drinks that night. The police thought I was the driver despite oral statements from every person involved, including "josh" who admitted to being behind the wheel. I was charged with OVI and arrested because the officer said that, "after further questioning," the 3 other passengers in my vehicle stated to him that I was actually the driver. "josh" was the only other person to write a written statement other than myself. The OVI was later dropped but I was instead charged with failure to control a vehicle that I was not driving. I would like to hear these admissions and see the written statements.

Attorney Answers 3


You should hire an attorney who can help get these items for you. You have to file a written discovery demand that complies with the rules of criminal procedure. The prosecutor can then attempt to designate these as counsel only materials which some prosecutors routinely do. The attorney or you would then have to argue why that should not be the case. If you weren't driving you should hire an attorney because if you try and represent yourself and don't get the proper evidence in because you don't follow the rules of evidence and procedure then you would lose. Good luck.
Dayton, Ohio Criminal Defense Attorney

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You should hire an attorney ASAP, and please remember that it is not a good idea to post about your case online. You need to talk with a lawyer confidentially about your particular circumstance. That being said, the defense does have the ability to see written statements provided to law enforcement officers, as well as audio recordings (if available).

A response to a question on Avvo is NOT legal advice. These answers are provided for general informational purposes ONLY. Thomas Haren is not your attorney until you have signed a retainer agreement with his firm and paid a fee. Questions posted on Avvo normally provide very limited information, and thus a more detailed, private conversation is needed before any answers should be relied upon. DO NOT POST CONFIDENTIAL INFORMATION ON AVVO.

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As the matter is not currently resolves or ongoing, the appropiate course of conduct is to obtain these documents through the criminal discovery process. Retaining an attorney will turn this problem form a headache to an afterthought.

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