May 5, 2020

 That’s not what happened! The police officer is lying! That’s not what I said! 

Many people accused of crimes are surprised to learn of what police officers said they said or things they did following their arrest and charges filed against them. The accused becomes frustrated not only with being accused of a crime but because they feel that they have little or no power over who will the prosecutor, judge, or jury believe: the officer’s word or theirs? When a person hires our office to help them in their criminal case they often ask questions such as: 

  • How can I even defend myself when no one will believe me if a police officer is telling a different story?
  • Has this officer lied before? 
  • Are there others with similar complaints against that police officer?

Pitchess Motion

For years in the past, we would have to give bad news to our clients. In the past, officer records were available in very limited circumstances. One of the primary ways a defense attorney could obtain information about an officer’s past was through the filing of a Pitchess motion.  A Pitchess motion is a defense motion for obtaining specific information contained in a law enforcement’s personnel file. A defense attorney could file a Pitchess motion with a showing of good cause that a particular officer’s personnel files should be reviewed for evidence of past misconduct. However, in those instances the defense attorney was only allowed the names and contact information of people who have made similar allegations of misconduct. 

Public Records Act

This all changed when the state legislature passed State Bill 1421 in 2018. Beginning on January 1, 2019, the Public Records Act (“PRA”) permits the immediate disclosure of peace and custodial officer records upon request if the records concerned: 

  1. officer discharging a firearm; 
  2. use of force resulting in death or great bodily injury; 
  3. sustained claims of sexual assault or dishonesty (i.e. perjury or filing a false report).  

According to the director of PRA services and e-discovery counsel at Best Best & Kriger LLP, Christine N. Wood’s article in the Los Angeles Daily Journal: “[t]he statute provides a broad range of documents related to those events that are disclosable under the PRA. The statute

Midsection of lawyer putting documents in briefcase with gavel at desk in courtroom

provides an exhaustive list of the types of records to be disclosed, including but not limited to all: investigative records, photos, audio and video recordings transcripts, all documents presented to the district attorney for review, as well as copies of disciplinary records.”[1] 

 The state also passed Assembly Bill 748 which offered further ways to access law enforcement officer records. Effective July 1, 2019, AB 748 amended the PRA to allow any member of the public to obtain specific types of audio, video recordings, body-worn cameras, from law enforcement agencies if requested within 45 days of the alleged incident.  Disclosure under AB 748 is proper if the person requesting the records can show it relates to a “critical incident”. A critical incident under AB 748 is (1) discharges a firearm at another person; or (2) use force that results in great bodily injury or death.         

What this means is that our law firm has many more resources available to them in our effort to prevail in our client’s case. Our law firm can now request records and information previously denied to our clients which could bolster our client’s defense and lend credibility to their claim that the police are not being truthful.  While we will still have to file legal motions to access this information, California’s new laws are very positive changes and allow Wallin and Klarich to help our clients when facing criminal charges in California.     

 

CONTACT CRIMINAL DEFENSE ATTORNEY WALLIN & KLARICH TODAY

If you or a loved one has been accused of a crime there is no time to waste. For over 38 years Wallin & Klarich has defended our clients throughout Los Angeles County from police and prosecutor misconduct. Our attorneys will use all of our legal experience to fight for you tooth and nail.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (714) 730-5300 for a free, no-obligation phone consultation. We will get through this together.

 

[1] “Peace officer records and the Public Records Act” by Christine N. Wood – Los Angeles Daily Journal (March 5, 2020)

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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