How do I get a copy of my police report? 3 Answers as of February 26, 2015

I need a copy of the police report that accuses me a F 422 pc, being is a false report. Also because I need it to file a motion of factual innocence, and file charges against the local police department for misconduct and other things. Police refuse to give it even after the arraignment that never happened because the DA rejected the case at this time due to lack of evidence. So what do I need to do?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If no charges are or will be filed the police report is not available for inspection either by the public or even the people involved although some agencies will still provide them to the complaining witnesses. If it cannot be obtained informally in this manner it is often necessary to file a lawsuit and subpoena the report from the agency. Other alternatives might be to request one from the district attorney which may result in the same problem or if an insurance agency is involved they on occasion seem to gain access to such unfiled cases. In your case you may have to file your petition first and then subpoena from the police department though when you file the Da may give it to you voluntarily to save time.
Answer Applies to: California
Replied: 2/26/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
California public records request.
Answer Applies to: California
Replied: 2/24/2015
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You can still file a motion to be declared factually innocent even if you do not have the police report. In some cases, it is better not to have the police report. Just create a declaration stating that you have requested the reports and were denied.
Answer Applies to: California
Replied: 2/24/2015
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