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What evidence to the police have? Criminal defense annoy/molest minor

San Jose, CA |

I've a lawyer and being investigated for pen 647.6a; the cops have been pretty close lipped about what they have in terms of text messages exchanged between myself and minor. What avenues do we have in terms of finding out what they have? The fact that it's been 5 months since the report was made and no files have been charged perplexes me

Attorney Answers 3

  1. Your cell phone should have plenty. In fact it probably has all of it. They don't need to show you what they have until arraignment. All future questions need to be directed to your attorney.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

  2. You have a lawyer yet you post basic questions about your case. Why are you not posing these questions to him, he has far more information about this matter than anyone here will. Trust and follow your attorneys advice or hire another attorney. Good luck

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  3. You can write a letter to the police, asking for a copy of the complete police report, including any supplemental reports. If the case is closed and there is no further investigation planned, you may get a response. However, it is unlikely that the police will provide either this status or documents. But you certainly can try and you may be successful. I have been pleasantly surprised a few times. Sometimes, I think a low level clerk or volunteer police officer responds to such demands without too much pause.

    I also sometimes drive to the police station and request the report in person. Sometimes, this is very fruitful (I get the report).

    Secondly, you can ask the prosecuting agency for a copy of the report. This is also something of a long shot, but I also have been rewarded for simply asking for it. Under Brady v. Maryland (1963) 373 U.S. 83 and California Penal Code §§ 1054.1 (upheld in Izazaga v. Superior Court 54 Cal.3d 356), 1054.5(a), and 1054.5(b), the prosecutor is under a duty to provide defendant certain materials upon his demand. Usually, this is done at the arraignment if the case is filed. However, in a small number of cases, it is done prior to the arraignment.

    Have your attorney make both requests. Good luck.

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