A public transit worker/driver plans to possibly testify against me in criminal court but I believe this may be a lie. I do not remember this driver present at the time of the alleged incident and I would like to use the FOIA law to request a time card or other verification to confirm if this public transit driver was really ever working at time and place of alleged crime. I believe they may not have been. With what type of department should I should I send the FOIA request and using the law how should I frame the question? Since they are public employees I feel I have the right to this info.
Personnel files are often excluded from FOIA coverage, meaning you may not be able to get them that way. Otherwise, a FOIA just goes to whatever transit agency it is, and many have sections on their websites covering how to send a request.
However, you seem to indicate you are facing criminal charges, so if you do not have an attorney, you should get one. They may be able to subpoena the records or force the transit worker to show up at trial with them.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
First get a lawyer....this is criminal and if you cannot afford one the law requires the state to provide a lawyer to you....Second, get a lawyer
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