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

Asked over 1 year ago - 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. 5

    Lawyers agree

    Answered . 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

    For a Free Consultation Call: 408.313.5607
  2. 2

    Lawyers agree


    Answered . 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.

  3. 3

    Lawyers agree

    Answered . 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... more

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Daniel P. Hilf

Driving While License Suspended

Driving While License Suspended or Revoked in Michigan is a misdemeanor offense (according to MCL 257.904(3)(a)) that carries a maximum potential jail sentence of up to 93 days, and/or a... more

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

Get free answers from experienced attorneys.


Ask now

33,932 answers this week

3,780 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

33,932 answers this week

3,780 attorneys answering