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Obtaining Police and Investigation Reports in Philadelphia Criminal Discovery

March 21, 2024 Uncategorized

Getting Your Hands on Police and Investigation Reports for Your Philly Criminal Case

If you or a loved one has been charged with a crime in Philadelphia, one of the first things your defense attorney will want to do is get their hands on the police and investigation reports related to your case. These reports are crucial for understanding the prosecution’s side of the story and figuring out the best defense strategy. But how exactly do you go about getting copies of these reports? Well, let me break it down for you…

The main process for obtaining police and investigative reports in Philly criminal cases is called “discovery.” This is when the prosecution has to turn over any evidence they have gathered that is relevant to the case so you can review it. Now I know “discovery” sounds kinda fancy and official, but basically it just means sharing information.

In Philly, there are rules about what the District Attorney’s Office has to give you access to when it comes to discovery. The main one is Philadelphia Police Department Directive 5.21 (I linked it in case you want to skim the nitty-gritty details). The directive lays out timelines for when discovery needs to be completed based on whether it’s a court or diversionary program case.

So let’s talk about what types of reports you can get your mitts on exactly. The main ones are:

  • Police Incident Reports: These reports are filed by the responding officers and have details about the alleged crime scene and initial investigation. Things like witness statements, physical evidence collected, etc. Basically the cops’ side of the story.
  • Investigative Reports: If there was follow up investigation done after the initial response, those reports would be included too. Say there were surveillance videos retrieved or additional witness interviews done. That info would be in the investigative reports.
  • Criminal History Reports: These will have the defendant’s prior record of arrests and convictions. Important for knowing if they’ll be treated as a repeat offender.
  • Forensic Test Results: If any DNA, fingerprint exam, ballistics, or other forensic testing was done, you can get those lab reports too. These can make or break a case if the science doesn’t back up the charges.
  • Medical Reports: For assault cases especially, hospital records of injuries and treatment are super relevant and thus discoverable. Photos of injuries would be included too potentially.
  • Diversion Program Reports: If the defendant was previously in an addiction recovery or mental health diversionary program, related treatment records could be released.

Of course with all these reports, certain info like victim and witness contact details would be blacked out for privacy reasons. But everything else should be fair game.

So how do you actually get your hands on all these goodies? Well Philadelphia has an online request system called the Police Integrated Information Network or PIIN. Your attorney can submit requests for reports there and then follow up if anything is missing.

You can also file Right-to-Know requests yourself directly with the Police Department, the District Attorney’s Office, or other agencies involved with your case. But honestly working through your lawyer is best since they know exactly what to ask for and can ping the prosecution if records are withheld improperly.

Now police and prosecutors don’t always like coughing up their case files, especially if there’s any whiff of something improper that could get charges tossed. So your attorney may have to fight for certain documents through official motions to compel discovery. If reports aren’t handed over according to the directive timelines or if relevant info is being withheld without good cause, your lawyer can ask the judge to order the release of the reports.

And if discovery deadlines are blown by the prosecution and reports withheld until right before trial? Well that’s what’s called a “trial by ambush” and it could lead to evidence being excluded or charges even dismissed fully.

The stakes are high so having an experienced Philly criminal lawyer who knows what they can demand access to and will bulldog for every page of discovery is key. Trust me, you want them fighting to get all those police and investigation reports so they can build the strongest defense for your case possible.

The more info you have, the better prepared you are, ya know? Of course at the same time, some of what’s in those reports could be incriminating, so brace yourself for that reality too.

But don’t panic! Just let your attorney worry about the nitty-gritty details and make sure you understand what exactly you’re dealing with. Get educated on the process and the possible outcomes, both good and bad. Knowledge is power when it comes to dealing with the criminal justice system.

Hopefully this gives you a decent 101 overview of getting your hands on those police reports through discovery in Philadelphia. But every case is different, so lean on your lawyer if you have any other questions! Best of luck fighting the good fight.

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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