When you are arrested for any crime, the police typically record the incident in their own confidential files. While police reports are typically accessible, other confidential police records may have valuable information for your case. In most instances, these files are supposed to be kept a secret, but if you can prove that the officer who arrested you or dealt with your crime acted improperly, you may be able to secure access to the personnel files. If you believe that you need these confidential files in order to prove the case, then you will want to start by making a formal request.
You will need to allege that the officer was aggressive or acted in misconduct during your arrest. If the court believes your claim, they may unlock records so that they can inspect and see if an officer has a past history of illegal action. Defendants won't automatically get them. In many instances, once a defendant requests personnel records of an officer-witness, the government is required to review the files and provide any information that will help the defendant.
The prosecution can refuse to turn over personnel files, if they prefer. Fortunately, courts frequently oversee the review process and will decide if unlocking the court records would be beneficial to the defense. If you want more information about securing these records, you will want to work alongside a dedicated Houston criminal defense attorney.
With the right attorney on your side, you may be able to convincingly evidence police misconduct and use this as a defense in your case. In some cases, proving police misconduct will drastically change your case, even allowing you a dismissal in some situations. Don't hesitate to call Billy Skinner & Associates today to get more information about police misconduct as a defense in your criminal case!
