Is someone charged with a felony entitled to a transcript from the police interview? 55 Answers as of November 16, 2011

Is a person accused of a felony entitled to a copy of a transcript or CD from an interview with a detective?

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Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Yes, the recording and transcript, if one was made, need to be provided to your attorney, or to you if you are pro se.
Answer Applies to: Washington
Replied: 11/16/2011
Jacob P. Sartz IV., Attorney at Law
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
Generally, that information should be disclosed to a person's defense attorney or a pro-per, if they represent themselves, in response to a properly filed demand for discovery. However, it depends on the circumstances. There may be situations when a transcript is not available because the interview was not recorded, it's not really related to the case, or other scenarios. Ultimately, it depends on the circumstances. I'd recommend you retain a lawyer.
Answer Applies to: Michigan
Replied: 11/15/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Notes from an interview are discoverable and should be provided to the defense before trial.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
No you are not "entitled' to it, but your attorney can get it for your defense.
Answer Applies to: Kansas
Replied: 11/14/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Your attorney can get copies of all statements, including recordings, if you are charged with a felony. You should direct your question to the attorney to get a copy. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 11/14/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
If you are defending yourself, you can get it before trial, or your attorney can get it through discovery notice to the prosecutor. You are entitled to anything and everything to prepare a full and fair defense.
Answer Applies to: New York
Replied: 11/11/2011
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
Under Georgia law, that is usually provided to defense counsel as part of the State's discovery materials.
Answer Applies to: Georgia
Replied: 11/11/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
Definitely you are entitled to a copy of the transcript and/or CD of your interview. However, it must be requested in the appropriate way through proper motions filed in accordance with the Rules of Criminal Procedure for the particular state that you are in. These types of requests are generally done by the attorney representing the person accused of the felony. Hope this helps you out.
Answer Applies to: Florida
Replied: 11/11/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If a transcript exist, your defense attorney should be given access. If it was recorded, same answer. However, not all interviews are recorded or transcribed and the police will refuse to produce it as long as the investigation is open.
Answer Applies to: Texas
Replied: 11/10/2011
John V Commons, Attorney at Law
John V Commons, Attorney at Law | John Commons
Generally speaking a person charged with an offense is entitled to any transcripts of recorded statements he has made as part of that investigation.
Answer Applies to: Indiana
Replied: 11/10/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your attorney would receive a transcript of any interview you were a party to. Your attorney could also request and obtain the CD from which the transcript is made. This assumes that you have been charged. If the case is still under investigation, the police will likely not give you a copy.
    Answer Applies to: Minnesota
    Replied: 11/10/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    An attorney is entitled to evidence of any statement made by his client.
    Answer Applies to: California
    Replied: 11/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If the interview is part of the police report and it should be, you or your attorney are entitled to a copy of the entire police report including the interview. It may in the form of a CD and not a transcript.
    Answer Applies to: Michigan
    Replied: 11/10/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, if you are a defendant charged with a felony crime in Minnesota, you are entitled to receive a transcript or CD of any statement made by you during a police interview. The criminal defense attorney will make a discovery request to the prosecuting attorney for the disclosure of all evidence in the case including any statements made by the defendant or any other witness.
    Answer Applies to: Minnesota
    Replied: 11/10/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Not a transcript. If the person is the accused, their lawyer can obtain a copy of the statement - usually a recorded statement - from the prosecutors. No other witness is entitled to a copy of their statement.
    Answer Applies to: Texas
    Replied: 11/10/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    You are entitled to see or hear all evidence that the police have in the case. If you don't have an attorney, you must request the CD in a Request For Discovery. Good Luck.
    Answer Applies to: Utah
    Replied: 11/10/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    A person charged with a major crime, as every felony is, is entitled to discovery, that is, all the evidence in the prosecution's possession, which includes all police reports, etc. However, you need to hire counsel to get this evidence, and it may be necessary for counsel to subpoena further evidence, such as video feeds of your statement, if same were taken. Of course, if no court reporter was present to transcribe your statements, or there was no videotape taken, they will not be produced.
    Answer Applies to: Illinois
    Replied: 11/10/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    You are not entitled to a transcript of the police interview. In most cases, a transcript is not even generated. However, during the discovery process your lawyer is entitled to get a copy of any recording, if your interview was recorded.
    Answer Applies to: Maryland
    Replied: 11/10/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    If you have an attorney, your attorney can request that transcript from the DA. If you don't have an attorney, I strongly recommend hiring one. Good luck.
    Answer Applies to: Nevada
    Replied: 11/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If the State plans to use an interview with police against you at trial, there will be a time that they must provide that to your counsel.
    Answer Applies to: Alabama
    Replied: 11/10/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Your attorney can request that transcript by following procedures in PC 1050.
    Answer Applies to: California
    Replied: 11/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The attorney can get this as part of the discovery that the accused is entitled to in a case.
    Answer Applies to: Michigan
    Replied: 11/10/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Your attorney can get the transcript form the District Attorney when the discovery is done.
    Answer Applies to: Texas
    Replied: 11/10/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You're entitled to a copy of it but not the transcript. You can pay to have it transcribed yourself.
    Answer Applies to: Texas
    Replied: 11/10/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If a recording was made of the interview, you are entitled to a copy in discovery. Your lawyer should be asking the DA for that.
    Answer Applies to: California
    Replied: 11/9/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. As part of the discovery process in the case, any statements may be acquired from the prosecutor in the case.
    Answer Applies to: Minnesota
    Replied: 11/9/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your attorney will make an Omnibus motion and request all the information and documents in the file. Eventually the prosecutor will have to supply the video tape of the interview and and Miranda Warnings, statements, or notes of the officers. You should not have talked to the police, you should have requested that the questioning stop and that a lawyer be provided free of charge. Like most people, you talked to the police and probably incriminated yourself. Retain a good criminal attorney to handle the case in order to get the best possible disposition of the case.
    Answer Applies to: New York
    Replied: 11/9/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, but this is done through an attorney. Law enforcement usually don't give discovery directly to the defendant. You need an attorney to file a proper discovery request and provide you with a copy of all the discovery.
    Answer Applies to: California
    Replied: 11/9/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Your attorney will get the transcript as part of discovery or can specifically request same.
    Answer Applies to: New Jersey
    Replied: 11/9/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If there is such a interview record, the defendant is entitled to the discovery as to same.
    Answer Applies to: New Jersey
    Replied: 11/9/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    If a dvd or cd of the interview was made then yes you are entitled to it after you are indicted as part of the discovery process. Also a transcript if one was made. You can't have somethig that does not already exist.
    Answer Applies to: Tennessee
    Replied: 11/9/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Generally, the attorney for the accused is the only person entitled to criminal discovery. The only exception to this rule is when the accused chooses to represent himself and you must go before a judge and waive your right to counsel. Of course, without legal training, you stand a good chance of being convicted so if I were in your shoes, I would get an attorney and wait until you can listen to the recording at the lawyer's office. If you can't be that patient, you're well on your way to a guilty verdict.
    Answer Applies to: Washington
    Replied: 11/9/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    In Colorado, any statements of the accused must be turned over in discovery. So, generally, yes.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    As part of the open discovery rules, you are generally entitled to any information that the State is in possession of. The form is not specific, so you may not necessarily be given a transcript, especially because there may not be one, but if not you should at least be given a copy of the audio or video of the interview.
    Answer Applies to: Minnesota
    Replied: 11/9/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, a defendant's attorney can seek copies of their client's statements, among other things, although not necessarily a prepared transcript.
    Answer Applies to: Georgia
    Replied: 11/9/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    You can request that as part of the Discovery process.
    Answer Applies to: Pennsylvania
    Replied: 11/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Generally , yes. However, there are times when counsel may not think it in client's best interst to provide the recording. [if in custody, cannot have cd for security safety reasons].
    Answer Applies to: California
    Replied: 11/9/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    If there is a recording of the interview, you should be able to obtain a copy of it.
    Answer Applies to: Kansas
    Replied: 11/9/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes, the defense is entitled to all discovery (evidence) in the case. They get all the copies of the police reports, recorded statements, photos, videos, etc. EVERYTHING.
    Answer Applies to: California
    Replied: 11/9/2011
    Carter Boyle LLC | Nelson Boyle
    If you have an attorney, the attorney will get that along with other information that the police have gathered in "discovery." If you do not have an attorney, you should consider hiring one or applying for a public defender. If you defend yourself, you can ask the prosecutor for a copy of the discovery file.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    In a felony case after the matter has been bound over to district court (after the PH), you should be given a copy of all the police reports, etc..
    Answer Applies to: Nebraska
    Replied: 11/9/2011
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    Yes. If charges are filed the accused can obtain the interview.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes, it is called discovery and there may be a fee to get it but you are entitled to a copy of review it. If you have an attorney they can get it for you.
    Answer Applies to: Minnesota
    Replied: 11/9/2011
    Law Office of Martina Vigil
    Law Office of Martina Vigil | Martina A. Vigil
    They may not be entitled to a transcript but they are entitled to the CD through the process of discovery. It is up to the defense attorney/ defendant to hire someone to transcribe the CD.
    Answer Applies to: California
    Replied: 11/9/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    Yes, you have a right to a copy of the CD or DVD that has the police interview on it. You or your attorney need to submit a request in writing to the prosecutor, requesting discovery for your case. Once you do so, the prosecutor should provide that to you, though they may charge you a reasonable fee for the cost of providing the copy.
    Answer Applies to: Utah
    Replied: 11/9/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Statements by defendant are discoverable upon request by your attorney and must be turned over.
    Answer Applies to: New York
    Replied: 11/9/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Your attorney is entitled to a copy of the recording and most counties have a local rule of court that requires any party that intends to introduce a recording to provide a transcript to the court and the opposing party a certain number of days before the trial.
    Answer Applies to: California
    Replied: 11/9/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    The attorney will request it as part of the discovery in the case. If the recording exists, he/she should get it. An attorney will know the procedure to request it. If they get it and want it transcribed for use at a trial, the attorney will have it done.
    Answer Applies to: California
    Replied: 11/9/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    You could get the video of the interview through discovery.
    Answer Applies to: Massachusetts
    Replied: 11/9/2011
    Kennedy & Roe
    Kennedy & Roe | Michael Kennedy
    That is part of the discovery materials your attorney would get, and to which he has a right, if the case is filed.
    Answer Applies to: California
    Replied: 11/9/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can request them from the police via FOIA request. You will probably have to pay a nominal fee for them. If you have been charged your attorney (if you have one) should be able to get them for you as well.
    Answer Applies to: Michigan
    Replied: 11/9/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Yes, but you are not entitled to it until it is introduced in evidence at a Preliminary Hearing, or if that does not happen, then during discovery after the formal arraignment. You are absolutely entitled to any written statement you provided or any recording or transcript.
    Answer Applies to: Pennsylvania
    Replied: 11/9/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes. Your lawyer should get that along with all of the police reports and etc. from the prosecutor or directly from the police agency that did the interview, depending on how it works in your county or city.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    The accused is not automatically entitled to it, but his or her attorney would be able to get that information from the prosecutor during the discovery process.
    Answer Applies to: Georgia
    Replied: 11/9/2011
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