how to request information from prosecuting attorney

Write a letter to your lawyer enquiring about the case status or you can even write an email regarding this. You can also call over the phone directly to find out the status.

Full Answer

What kind of information can the prosecutor get from the police?

For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and examine evidence that the prosecution proposes to introduce at trial. Traditionally, the prosecutor wasn't entitled to information about a defendant's case.

When does the prosecuting attorney have to disclose information to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

How do you address a prosecutor in a letter?

To address a prosecutor, use "Dear Mr." or "Dear Ms." followed by the prosecutor's last name. (If you know a female prosecutor favors "Miss" or "Mrs." use her preference.)

How do you write a prosecution date on a police report?

Use the United States date format, which places the month before the day, for example, "March 14, 2018." Leave two spaces under the date and write the name and office address of the prosecutor. The address should include the prosecutor's organization, street address, city, state and ZIP code, one under the other.

What should I ask for in a FOIA request?

FOIA Tip No. 9: Writing a Good FOIA Request Part IIBe clear and specific. ... Make sure your request is reasonable in scope. ... Provide a date range for records or a date of the event you are researching. ... Provide accurate titles and full names, and include any news stories discussing the subject of your request.More items...•

How do I give myself a FOIA request?

Whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person who you say you are. You may fulfill this requirement by completing and signing Form DOJ-361.

Why would someone make a FOIA request?

A FOIA request can be used to request federal agency records for which access is currently restricted due to the presence of security-classified or other sensitive information.

How long does a Freedom of Information request take?

20 working daysYour main obligation under the Act is to respond to requests promptly, with a time limit acting as the longest time you can take. Under the Act, most public authorities may take up to 20 working days to respond, counting the first working day after the request is received as the first day.

Can a FOIA request be denied?

Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.

What is a FOIA request?

The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).

What type of documents are not allowed in the Freedom of Information Act?

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

Can you email a FOIA request?

The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing and be submitted by fax, courier service or postal mail. You may also submit your request via email to [email protected]. Your request must reasonably describe the records you seek.

What happens if a FOIA request is ignored?

If your request is denied, and your internal appeal does not reverse this decision, you may sue the agency in the United State District Court in your state of residence, in the state where the records are located, or in the District of Columbia.

How much does a subject access request cost?

You cannot charge a fee for providing information to individuals in response to a subject access request.

Can you make a FOI request by telephone?

You can't phone a public authority to make an FOI request. The request itself doesn't have to say it is a request under the Freedom of Information Act, but this may help authorities to be confident that it is. Requests can be made by: Email (thousands of addresses can be found in our directory)

How to find out my status of my case?

You can also call over the phone directly to find out the status. It is advisable that you seek the information in writing by letter or email, so that the lawyer can provide the information after finding out the status and once given in writing he will not be able to deny it later. Following samples of letters are for your reference.

Why is it important to keep a tab on your legal case?

It is always important to keep a tab on your legal cases pending in a court of law or in any other legal forums. Sometimes the lawyer may forget to update you on the case; this may lead to a problematic situation under certain circumstances.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

How to write a letter to a prosecutor?

Your letter to a prosecutor should include certain sections. If your address is not included in a letterhead, add it at the top left of the letter. Include only your street address, city and ZIP code. One line below your address, write the date on which you wrote the letter.

How to address a prosecutor in a letter?

To address a prosecutor, use "Dear Mr." or "Dear Ms." followed by the prosecutor's last name. (If you know a female prosecutor favors "Miss" or "Mrs." use her preference.) The next section summarizes the topic of the letter and begins with "Re:", for example, if you are writing about a case in which the defendant is called Jones, ...

What is a block letter?

Block letters are left-justified and single-spaced with double spacing between each paragraph. Modified-block letters have the sender's and recipient's addresses left-justified and single-spaced and the date and closing tabbed to the center.

What You Need to Request in Your Letter

At minimum, you'll need the following pieces to have a thorough look at the evidence:

Something to Keep in Mind

It's important to realize that having evidence for or against you isn't what decides the case. What decides the case is the conclusion reached by the jury or the judge. While you'll be able to understand the basics of what you're looking at, all you're looking at is evidence. When a defense attorney looks at it, he or she sees a case.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

Did Boblit admit to killing Brady?

The defense saw several of those statements, but the prosecution withheld one, in which Boblit admitted carrying out the killing. The Court held that the prosecution’s action—even though it had to do with punishment rather than guilt—denied Brady the due process of law that’s guaranteed by the 14th Amendment.

How to find out if a district attorney is a district attorney?

1. Look up the correct address online or call the county court. An online search including “district attorney” and the county or city name will almost always turn up an email and physical address. Alternately, you can call or visit the country or city court to request this information. If you are looking for the specific attorney handling your ...

How to communicate during a trial?

During the course of a trial, you may need to send written statements or other information to the district attorney, or ask questions. Do not write the district attorney if you are the defendant in a criminal case.

What to do if the government doesn't turn over records?

If the government fails to turn over records, the next step is usually to contact the local district attorney to lodge a criminal complaint.

What are the victim impact statements?

All 50 states allow victim impact statements, which allow victims to indicate the toll the crime has take on them, and which may impact the judge’s sentence. These statements may include descriptions of: Injury caused by the crime. Emotional damage caused by the crime. Financial cost of the crime.

Do not write to the district attorney?

Do not write the district attorney if you are the defendant in a criminal case. Anything you write to the district attorney may be admissible as evidence in your case. Accordingly, your lawyer should handle all communication with the prosecution.

Can you request a trial record from a district attorney?

Know that all states have freedom of information laws that allow you to request public records, including trial records held by district attorneys. In some states, you will need to write to a special agency to obtain these records, but in most states, you can write to your local district attorney.

Do you need to appear in person to get a continuance?

If you are a defendant – in traffic court, for instance – and wish for more time to prepare your defense, you can sometimes write the district attorney for a continuance, though in some jurisdictions, you will need to appear in person to do so. State the reason you need a continuance – i.e. to prepare your defense – in your letter.