What is the procedure for obtaining a copy of the police report and other discovery evidence in my California criminal case?

To obtain a police report and other evidence, you must first make a written informal request to the prosecutor. If they do not provide the materials, you must then file a formal motion with the court to compel disclosure. Here is the general procedure: Step 1: Identify the Prosecuting Agency After your first court appearance (the arraignment), your paperwork will identify whether the county District Attorney or a City Attorney is prosecuting your case. If you are represented by a public defender or private counsel, they will handle this entire process for you. Step 2: Make an Informal Written Request You or your attorney must send a formal letter, often called an "Informal Request for Discovery," to the prosecutor assigned to your case. This letter must state that you are requesting all discoverable materials under California Penal Code Section 1054.1. This includes all police reports, witness statements, defendant statements, audio/video evidence, and results of any scientific tests. Keep a copy of this letter and proof of when you sent it. Step 3: Allow Time for a Response Under Penal Code Section 1054.5, you must give the prosecutor at least 15 days to respond to your informal request before you can involve the court. The law requires prosecutors to disclose evidence at least 30 days before trial, but this initial response period is a prerequisite for further action. Step 4: File a Motion to Compel Discovery (If Necessary) If the prosecutor ignores your request or refuses to provide the evidence after 15 days, your next step is to file a formal "Motion to Compel Discovery" with the court. This is a legal document that asks a judge to order the prosecutor to turn over the evidence. You must file this motion with the court clerk and serve a copy on the prosecutor's office. Important Details and Nuances: Discovery is a continuing obligation, meaning the prosecutor must provide you with new evidence as they receive it. Be aware that discovery is also reciprocal; you have a legal duty to provide the prosecution with evidence you intend to present at trial, such as the names of your witnesses. Warnings and Limitations: Some information in the reports, such as a victim's home address or certain confidential information, may be legally redacted (blacked out). The discovery process has strict rules, and failure to follow them can damage your case. This is general information and does not constitute legal advice. For complex situations, and to ensure your rights are protected, you should consult with a qualified California criminal defense attorney.